LABOR CODE OF THE REPUBLIC OF UZBEKISTAN 30.04.2023 CHAPTER 14. REST TIME

LABOR CODE OF THE REPUBLIC OF UZBEKISTAN

30.04.2023

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CHAPTER 14. REST TIME

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§ 1. General Provisions

Article 201. Concept and types of rest time

Rest time is the time during which an employee is free from performing work duties and which he can use at his own discretion.

Types of rest time are:

breaks during the working day (shift);

daily (between shifts) rest;

weekends (weekly uninterrupted rest);

public holidays; non-working days;

annual basic and additional labor leaves;

additional days off from work, provided at the request of the employee as compensation for working on a weekend or holiday, as well as a day of rest provided to donors after each day of donating blood and its components.

Article 202. Periods of release of an employee from performing work duties that are not rest periods

Rest time does not include periods of release of an employee from performing work duties, provided to the employee not for rest, but for other purposes. These periods include:

additional days off from work provided to the employee for employment during the period of notice of termination of the employment contract at the initiative of the employer;

additional days off from work provided to one of the parents (person in loco parentis) raising a child with a disability until he turns sixteen years old;

days off from work provided to pregnant women;

exemption from work for donors on the day of medical examination and the day of donation of blood and its components;

social leaves: maternity leave, child care leave, educational and creative leave;

periods of performance by the employee of state or public duties;

periods of performing duties in the interests of the employer and the workforce;

periods of temporary incapacity for work of the employee;

other periods of release of the employee from performing labor duties, provided to the employee not for rest, but for other purposes established by labor legislation and other legal acts on labor.

Article 203. Invalidity of provisions of acts limiting employee is right to rest guaranteed by law

The provisions of collective agreements, as well as the collective agreement and other local acts of the employer, the terms of the employment contract that limit the employee’s right to rest guaranteed by law, including those providing for a reduction in the duration of rest time established by labor legislation, are invalid.

§ 2. Work breaks. Weekends and public holidays

Article 204. Breaks for rest and food

During the working day (shift), the employee must be given a break for rest and food lasting no more than two hours and no less than thirty minutes, which is not included in working hours. Internal labor regulations or an employment contract may provide that the specified break may not be provided to an employee if the duration of daily work (shift) established for him does not exceed four hours.

The time for providing a break for rest and food and its specific duration are established by internal labor regulations or by agreement between the employee and the employer.

Break times for rest and meals can be set generally for all workers or separately for structural units, teams and individual groups of workers.

Employees use the break for rest and food at their own discretion. During this time, they may leave their place of work.

If summary recording of working time is established for employees in cases where the length of the working day (shift) exceeds eight hours, the employee must be provided with two breaks for rest and food.

At jobs where, due to production (work) conditions, it is impossible to provide a break for rest and food, the employer is obliged to provide the employee with the opportunity to rest and eat food during working hours. The list of such work, as well as places for rest and meals, are established by the internal labor regulations.

Legislation, sanitary norms and rules may provide for the provision of breaks for rest and food to certain categories of workers.

Article 205. Additional breaks during the working day (shift)

In addition to the break for rest and food, employees are provided with the following additional breaks during the working day (shift):

breaks due to the technology and organization of production and labor or the characteristics of this type of work activity, established by legislation, sanitary norms and rules or other legal acts on labor;

special breaks for persons working in the hot or cold season in the open air or in closed uncooled or unheated rooms, as well as those engaged in loading and unloading operations. The employer is obliged to provide premises equipped with heating and cooling equipment and suitable for employees to rest. The list of jobs for which such breaks are provided, temperature indicators, as well as the frequency and duration of these breaks are determined on the basis of certification of workplaces for working conditions and equipment injury hazard;

breaks to feed the baby.

The breaks listed in part one of this article are included in working hours.

Labor legislation and other legal acts on labor may provide for the provision of other breaks to employees during the working day, either included or not included in working hours.

Article 206. Duration of daily (between shifts) rest

The duration of daily (between shifts) rest between the end of work and its start the next day (per shift), including a break for rest and food, cannot be less than twelve hours.

Article 207. Weekends (weekly continuous rest)

Employees are given weekly days off.

With a five-day workweek, employees are given two days off per week, and with a six-day work week, employees are given one day off. For employees working under an employment contract with the same employer, depending on the characteristics of the work performed, different types of working week may be established.

With a five-day and six-day working week, the common day off is Sunday. The second day off in a five-day workweek is established by a collective agreement or internal labor regulations or shift schedules, and in their absence, by an employment contract.

Employees (groups of employees) employed in continuous operating production or in production where stopping work on weekends is impossible due to production and technical conditions or due to the need for constant continuous service to the population, as well as working on a rotational basis, are given days off on different days of the week alternately according to internal labor regulations, shift schedules.

Article 208. Holidays and non-working days

Holidays and non-working days are:

January 1 – New Year;

March 8 – Women’s Day;

March 21 – Navruz holiday;

May 9 – Day of Remembrance and Honor;

September 1 – Independence Day;

October 1 – Teacher and Mentor Day;

December 8 – Constitution Day of the Republic of Uzbekistan;

the first day of the religious holiday “Ruza Hayit” (Eid al-Fitr);

the first day of the religious holiday “Kurban Hayit” (Eid al-Adha).

If a day off coincides with a non-working holiday, the day off is transferred to the working day following the non-working holiday. At the same time, when work is performed on non-working holidays, the suspension of which is impossible due to production, technical and organizational conditions (continuous production, daily service to the population, work on a rotational basis, etc.), the transfer of days off is not carried out.

For the purpose of rational use by employees of weekends and non-working holidays, weekends may be transferred to other days by decree of the President of the Republic of Uzbekistan.

Article 209. Prohibition of work on weekends and public holidays

Work on weekends and non-working holidays is prohibited, except as provided for by this Code.

Involvement of employees to work on weekends and non-working holidays is carried out with their written consent if it is necessary to perform unforeseen work, on the urgent implementation of which the normal work of the organization as a whole or its individual structural divisions or an individual entrepreneur depends in the future.

The list of unforeseen work, on the urgent implementation of which the future normal operation of the organization as a whole or its individual structural divisions depends, is determined by a collective agreement, and if it is not concluded – by the employer in agreement with the trade union committee, and in cases where the employer is an individual entrepreneur – employment contract.

On holidays, non-working days, it is allowed to carry out work, the suspension of which is impossible due to production and technical conditions (continuously operating organizations), work (services) caused by the need to serve the population, as well as urgent repair and loading and unloading work.

Involving creative workers of cultural and entertainment organizations, television, radio broadcasting and other media organizations, professional athletes, as well as other persons involved in the creation and (or) performance (exhibition) of works on weekends and non-working holidays, in accordance with lists of jobs, professions, positions approved by the Cabinet of Ministers of the Republic of Uzbekistan in agreement with the Republican Tripartite Commission on Social and Labor Issues, is allowed in the manner established by a collective agreement, local act, or employment contract.

Payment for work on weekends or non-working holidays is made in accordance with Article 263 of this Code.

Article 210. Exceptional cases of involving employees to work on weekends and public holidays without their consent

Involvement in work on weekends and non-working holidays without the consent of the employee is not permitted, except in the following cases:

1) carrying out work to prevent or eliminate a natural or man-made disaster, industrial accident, industrial accident, as well as fire, flood, earthquake, epidemic or epizootic and in other exceptional cases that threaten the life or normal living conditions of the entire population or its parts;

2) preventing accidents;

3) carrying out socially necessary work to eliminate unforeseen circumstances that disrupt the normal functioning of centralized hot water supply, cold water supply and (or) sanitation systems, gas supply, heat supply, lighting, transport, communications systems;

4) preventing destruction or damage to the employer’s property.

Involvement of employees to work on weekends and non-working holidays under the circumstances specified in paragraph 3 of part one of this article is permitted within the framework of the employee’s labor function.

Article 211. Limitation of employment on weekends and non-working holidays

Limitations on the number of weekends and non-working holidays when employees are called to work on these days, with the exception of cases provided for in Article 210 of this Code, may be determined in a collective agreement or by the employer in agreement with the trade union committee.

When recruited to work on weekends and non-working holidays, the restrictions provided for in the first part of Articles 396, 417 and Article 428 of this Code must be observed in relation to certain categories of workers.

Failure by the employer to comply with the restrictions established by this Code and the procedure for attracting an employee to work on a day off or a public holiday does not relieve the employer of the obligation to pay the employee for such work in the amount provided for in Article 263 of this Code.

Article 212. Registration of engaging an employee to work on a day off or a public holiday

Involvement of employees to work on a day off or a non-working holiday is formalized by order of the employer. An employee’s consent to work on a day off or a non-working holiday can be obtained by the employee submitting an appropriate application or by the employee signing an order from the employer stating that he agrees to work on a day off or a non-working holiday.

When engaging an employee without his consent to work on a weekend or a non-working holiday, the employer’s order must indicate, the exceptional case provided for in Article 210 of this Code.

§ 3. General provisions on holidays

Article 213. Types of leaves

This Code provides for the following types of leave for employees carrying out labor activities on the basis of an employment contract concluded with the employer:

annual leave;

social holidays;

leave with partial pay;

leave without pay.

Article 214. Guarantees to ensure the employee’s right to leave

The employer is obliged:

provide employees with holidays guaranteed by law;

ensure that employees are provided with vacations of no less than the duration guaranteed by law;

comply with the procedure for granting vacations;

provide employees with additional rights and guarantees in the field of vacations provided for by collective agreements, as well as a collective agreement and other legal acts on labor or an employment contract.

Article 215. Guarantees for the employee to retain his place of work (position) while on vacation

During the period of vacation provided for in Article 213 of this Code, the employee retains his place of work (position), and termination of his employment contract at the initiative of the employer is not allowed.

The rules provided for in part one of this article regarding the retention of the employee’s place of work (position) during the vacation period and the inadmissibility of termination of the employment contract with him/her do not apply upon termination of the employment contract:

at the initiative of the employer in accordance with paragraph 1 of part two of Article 161 of this Code;

for reasons not related to the employer’s initiative.

§ 4. Annual leave

Article 216. Concept and types of annual leave

Annual labor leave is a period of time for which an employee is released from work while maintaining his place of work (position) and average salary, for rest and restoration of working capacity, provided to the employee annually during the working year.

All employees, including part-time workers, have the right to annual leave.

The types of annual leave are:

main labor leave (annual basic minimum or annual basic extended);

additional labor leave, which is summed up with the main minimum or main extended leave in the manner prescribed by Article 222 of this Code.

Article 217. Duration of the annual basic minimum labor leave

The duration of the annual basic minimum labor leave is twenty-one calendar days.

Article 218. Annual main extended leave

Taking into account age and health status, annual basic extended leave is granted to:

persons under eighteen years of age – thirty calendar days;

for employees with disabilities of groups I and II – thirty calendar days.

Employees of public authorities and management bodies are granted annual basic extended leave for a duration of twenty-seven calendar days, with the exception of cases where for certain categories of employees the legislation establishes a longer duration of annual basic extended leave.

Annual basic extended leaves are also established for certain categories of employees, depending on the specifics and nature of their labor functions and other circumstances. The list of employees entitled to such leaves and the duration of these leaves are determined by law.

The provision of annual basic extended leave, in addition to those established by law, as well as an increase in the duration of the annual basic extended leave in comparison with their duration guaranteed by law, may be provided for by collective agreements, as well as a collective agreement, local acts, and an employment contract.

Article 219. Annual additional leave

Annual additional leave is provided to employees:

employed at work in unfavorable working conditions in accordance with Article 481 of this Code;

performing work in unfavorable natural and climatic conditions in accordance with Article 483 of this Code;

having a long work experience in one organization or industry in accordance with Article 220 of this Code;

in other cases provided for by law, collective agreements, as well as collective agreements, local acts, and employment contracts.

Article 220. Annual additional labor leave for long work experience in one organization or industry

For every five years of work in one organization or industry, an employee is granted an additional annual leave of two calendar days, but not more than eight calendar days in total.

The provisions of part one of this article do not apply to certain categories of employees for whom the law provides for the provision of longer annual additional labor leave for length of service.

Legislation, collective agreements, as well as a collective agreement, other local acts or an employment contract may provide for the inclusion of work experience with another employer or in another industry in the length of service giving the right to annual additional leave provided for in the first part of this article.

If the employee was hired at the invitation of the employer, the length of service giving the right to annual additional labor leave provided for in part one of this article includes length of service with another employer. Employees of micro-firms are provided with annual additional labor leave, provided for in part one of this article, taking into account the features provided for in part three. of Article 505 of this Code.

Article 221. Calculation of the duration of annual labor leaves

The duration of the annual main and additional labor leaves of employees is calculated in calendar days.

Holidays and non-working days falling during the period of annual leave are not taken into account when determining the duration of leave.

The duration of annual basic and additional labor leaves granted to certain categories of workers, in cases provided for by law, is calculated in working days according to the calendar based on a six-day working week.

Article 222. The procedure for summing up annual main and additional labor leaves

When calculating the total duration of annual leave, additional leaves are summed up with the annual basic minimum leave or the annual basic extended leave.

In all cases, when summing up vacations established by law, their duration for one working year cannot exceed fifty-six calendar days.

The restriction provided for in part two of this article does not apply to labor holidays not provided for by law, established by collective agreements, as well as a collective agreement, local acts of the employer adopted in agreement with the trade union committee, or an employment contract.

Article 223. Cases of calculating the duration of annual leave in proportion to the time worked

Calculation of the duration of annual labor leave in proportion to the time worked is carried out in cases where during the working year the duration of the employee’s annual labor leave has changed (a minor employee has turned eighteen years old and therefore he has lost the right to basic extended labor leave; the employee has been diagnosed with a disability of group I or II and for this reason he had the right to extended leave; the employee worked part of the working year in normal working conditions, and the other part – in unfavorable working conditions, work in which gives him the right to additional leave during the working year; the employee was transferred to another; a job that provides for a different duration of labor leave than the job that the employee performed before the transfer, and others).

A temporary transfer of an employee to another job at the initiative of the employer due to production needs or downtime should not lead to a reduction in the duration of annual leave compared to the duration established for the main job provided for in the employment contract.

Annual labor leave for the first year of work is granted for the full duration with payment in proportion to the time worked to the following categories of employees:

teaching staff and methodologists of educational organizations in which annual leave is granted during the summer holidays of students. For the second and subsequent working years, annual leave for this category of employees is paid in full;

part-time workers who worked for less than six months in the first working year, when granted leave at the same time as annual leave for their main job. Labor leave provided for part-time work to employees who have worked in such a job for more than six months in the first working year, as well as annual labor leave for subsequent years of work, are paid in full.

Upon termination of an employment contract with an employee, the amount of compensation due to the employee for unused annual leave in the current working year, as well as the amount of deduction for vacation days not worked in the current working year, are calculated in proportion to the time worked by the employee in the last working year.

Article 224. The procedure for calculating the duration of annual leave in proportion to the time worked

When calculating the duration of annual labor leave in proportion to the time worked, its duration is determined by dividing the full amount of the main and additional annual labor leave by twelve and multiplying by the number of full months of work. In this case, surpluses equal to fifteen or more calendar days are rounded up to the nearest month, and less than fifteen calendar days are not taken into account. Tenths equal to 0.5 or more obtained when calculating the total duration of days of labor leave in proportion to the time worked are rounded to one day, and less than 0.5 are excluded from the calculation.

Article 225. Working year

A working year is understood as the period of work of an employee for a given employer, equal to twelve months and calculated from the date of actual start of work.

If the sum of the periods included in the working year in accordance with Article 226 of this Code is less than twelve full calendar months, the employee’s working year is shifted to the missing time.

Article 226. Calculation of length of service giving the right to annual leave

The length of service that gives the right to annual basic leave and additional leave for long work experience in one organization or industry includes:

actual time worked during the working year;

the time when the employee did not actually work, but in accordance with labor legislation and other legal acts on labor, the employment contract retained his place of work (position), including the time of annual leave, weekends, non-working holidays and other periods, established by law;

time of forced absenteeism in case of illegal termination of an employment contract, transfer of an employee to another job or removal from work and subsequent reinstatement of the employee to his previous job;

the period of suspension from work of an employee who has not passed a mandatory medical examination or has not undergone training and testing of knowledge and skills in the field of labor protection, if the failure to pass a medical examination or test of knowledge and skills in the field of labor protection was not due to the fault of the employee;

the period of suspension of the employee from work during an internal investigation, if its results do not confirm the employee’s guilt in violating labor duties or the fact of violation of labor duties is not confirmed;

the time of unpaid leave provided at the request of the employee, not exceeding two weeks during the working year;

other periods of time provided for by collective agreements, as well as collective agreements and local acts, and the terms of the employment contract.

The length of service that gives the right to annual basic leave does not include:

the time the employee is absent from work without good reason;

periods of suspension of an employee from work, except for the cases provided for in paragraphs four , five and six of part one of this article;

the time of parental leave provided for in parts one and two of Article 405 of this Code.

The length of service that gives the right to annual additional labor leave for work in harmful and (or) dangerous working conditions, as well as in unfavorable natural and climatic conditions, includes only the time actually worked in the specified conditions.

Article 227. Procedure for granting annual leave for the first working year

The right to use annual leave for the first working year arises for an employee after six months of continuous work with a given employer. By agreement of the parties to the employment contract, the employee may be granted leave before the end of six months of work.

For organizations created for the first time, annual leave for employees for the first working year may be granted before or after six months of work, subject to the obligatory condition of its provision before the end of the first working year.

Before the expiration of six months, annual leave at the request of the employee is granted:

for women – before or after maternity leave;

persons (single parents, including widows, widowers, divorcees, wives of military personnel, persons in loco parentis) raising one or more children under the age of fourteen (a child with a disability under the age of sixteen);

persons under eighteen years of age;

former conscript military servicemen who entered work no later than three months after leaving the reserve;

participants of the war of 1941 – 1945 and persons equal to them in terms of benefits;

workers with disabilities of groups I and II;

for on-the-job students in educational organizations if they want to time their annual leave to coincide with passing exams, tests, completing final qualifying theses, master’s theses, coursework, laboratory and other educational work;

other employees in cases established by collective agreements, as well as collective agreements or local regulations.

In the cases provided for in parts one, two and three of this article, annual labor leave is granted for the full duration and with full pay.

Part-time workers who have worked for less than six months are granted annual leave for the first working year at their request, simultaneously with annual leave for their main job, with leave paid for part-time work in proportion to the time worked. Annual labor leave granted at part-time jobs for the first working year to part-time workers who have worked for six months or more, as well as labor leave for this category of workers for the second and subsequent working years, is paid in full, regardless of what time during the working year this leave is granted .

The teaching staff of educational organizations in which annual labor leave is granted during the summer holidays of students, annual labor leave in the first working year is granted during the summer holidays of students for the full duration, regardless of the time of their admission to work in this educational organization with payment in proportion to the time worked. Labor leave provided to the specified categories of employees for the second and subsequent working years is paid in full, regardless of what time during the working year this leave is provided.

Article 228. Procedure for granting annual leave for the second and subsequent working years

Annual labor leave for the second and subsequent working years is provided in accordance with the order of provision of annual labor leave, determined by the vacation schedule, which is mandatory for the employer and employee.

The vacation schedule is approved before the start of the calendar year by the employer in agreement with the trade union committee.

The employee must be notified of the time of granting annual labor leave no later than fifteen days before the start of the leave.

Annual labor leave, at the request of the employee, must be granted at a time convenient for him:

for women – before or after maternity leave;

an employee using parental leave before or after this leave;

persons (single parents, including widows, widowers, divorcees, wives of military personnel, persons in loco parentis) raising one or more children under the age of fourteen (a child with a disability under the age of sixteen);

persons with disabilities of groups I and II;

participants of the war of 1941 – 1945 and persons equal to them in terms of benefits;

persons under eighteen years of age;

for on-the-job students in educational organizations if they want to time their annual leave to coincide with passing exams, tests, completing final qualifying theses, master’s theses, coursework, laboratory and other educational work;

persons awarded the badge “Honorary Donor of the Republic of Uzbekistan”;

other employees in cases established by collective agreements, as well as a collective agreement or other local acts.

Working people are granted annual leave at their request during the period of their wife’s maternity leave.

The time for granting annual labor leave established by the schedule may be changed by agreement between the employee and the employer.

Article 229. Extension of annual leave or transfer of it to another period

Employees have the right to extend annual leave or transfer it to another date:

in case of temporary disability;

upon the arrival of maternity leave;

when annual labor leave coincides with educational leave;

when performing state or public duties, if the law provides for exemption from work for their implementation;

in other cases provided for by collective agreements or collective agreement.

If the reasons preventing the use of annual labor leave occurred before it began, then by agreement between the employee and the employer a new period for using the leave is established. In cases where such reasons occur during the vacation period, the vacation is extended by the appropriate number of days or, by agreement between the employee and the employer, the unused part of the vacation is transferred to another period.

The employee is obliged to notify the employer in writing of any reasons that have arisen that prevent the use of annual leave.

Annual labor leave at the request of the employee is transferred to another period if he was not promptly notified of the start time of the vacation within the period provided for in part three of Article 228 of this Code, or he was not notified of the start time of the vacation in accordance with part two before the start of the vacation. Payment of Article 233 of this Code has been made for the duration of the vacation.

Article 230. Transfer of part of the annual leave to the next working year

Annual labor leave must be granted annually until the end of the working year for which it is granted.

In exceptional cases, when the provision of annual leave in full in the current year is impossible for production reasons, with the consent of the employee, part of the leave exceeding fourteen calendar days may be transferred to the next working year, during which it is subject to mandatory use.

Failure to provide annual labor leave, as well as annual additional leave specified in Articles 481 and 483 of this Code, to employees under the age of eighteen and to employees with disabilities is prohibited.

Article 231. Dividing annual leave into parts

By agreement between the employee and the employer, annual leave may be divided into parts. Moreover, at least one part of this leave must be at least fourteen calendar days.

Article 232. Recall of an employee from annual leave

Revocation from annual leave is permitted at any time during the leave only with the consent of the employee. The part of the vacation unused in this regard must be provided to the employee at another time during the given working year or in the next working year in compliance with the requirements provided for in Articles 230 and 231 of this Code.

It is not allowed to recall workers under the age of eighteen, pregnant women and workers engaged in work with particularly harmful and difficult working conditions from annual leave.

Article 233. Payment to an employee of the average wage for the time he is on annual leave

While on annual leave, the employee is guaranteed the preservation of his average salary, calculated in accordance with Article 257 of this Code.

Payment for annual labor leave is made within the time limits established by the collective agreement, local regulations or employment contract, but no later than the last working day before the start of the leave.

Article 234. Replacement of annual leave with monetary compensation

Cash compensation is paid to the employee upon termination of the employment contract for all unused annual basic and additional labor leaves.

During the period of work, at their request, employees may be paid monetary compensation for annual labor leave in excess of its minimum duration established by Article 217 of this Code.

All types of social leave, annual basic extended leave granted to employees under the age of eighteen, employees with disabilities of groups I and II, as well as additional leaves provided for in Articles 481 and 483 of this Code, are used in kind and are replaced with monetary compensation during the period work is not allowed.

Article 235. Providing an employee with annual leave upon termination of an employment contract

A collective agreement, other local acts, an employment contract or by agreement between an employee and an employer on the basis of a written application from the employee may provide for the provision upon termination of an employment contract (except for cases of termination of an employment contract for guilty actions (inaction) of an employee) of unused annual labor leave with subsequent termination labor relations.

When an employment contract is terminated due to the expiration of its term, leave with subsequent termination of the employment contract may be granted even when the time of annual leave completely or partially extends beyond the term of this contract.

In the cases provided for in parts one and two of this article, the day of termination of the employment contract is considered the last day of annual leave.

When granted annual labor leave with subsequent termination of the employment contract at the initiative of the employee, this employee has the right to withdraw his application for termination of the employment contract before the start date of his labor leave.

§ 5. Social holidays

Article 236. The concept of social leave

Social leaves are leaves granted to employees in order to create favorable conditions for maternity, childcare, education, and other social purposes.

Article 237. Social leaves established by law

In accordance with this Code, employees enjoy the right to receive the following social leave:

on pregnancy and childbirth ( Article 404 of this Code);

for child care ( parts one and two of Article 405 of this Code);

study leave ( part one of Article 385 of this Code);

sabbatical leave ( part one of Article 387 of this Code).

Providing employees with social leave provided for in part one of this article does not depend on the length of the employee’s work experience, the place and nature of the work he performs, or the legal form of the employer.

During the time an employee is on educational leave (part one of Article 385 of this Code) or sabbatical leave (part one of Article 387 of this Code), the employee retains his average salary. An exception is unpaid leave granted upon admission to higher educational organizations.

While a woman is on prenatal and postnatal leave (Article 404 of this Code), she is paid maternity benefits in the amount and manner established by law.

While on parental leave until the child turns two years old, one of his parents (guardian), grandmother, grandfather or other relative who is actually caring for the child is paid a child care allowance in the amount and manner established by law.

While one of the parents (a person acting in loco parentis) of two or more children under the age of twelve years or a child with a disability under the age of sixteen years is on annual social leave lasting four calendar days, he retains the average salary for the period of this leave (Article 401 of this Code).

Social leaves established by part one of this article, with the exception of parental leave provided for by parts one and two of article 405 of this Code, are included in the length of service giving the right to the next annual labor leave.

Article 238. Establishment of social leave by collective agreements either collective contracts, or other legal acts on labor

Collective agreements either a collective contract, or other legal acts on labor may provide for:

providing employees with other social leave not established by law (in connection with marriage, for the father of a child in connection with the birth of a child, in connection with the death of a close relative of the employee, and others);

increasing the duration of social leave compared to their duration established by law.

Collective agreements either a collective contract, or other legal acts on labor may provide for the preservation of the average wage or part of it for employees on vacation provided for in part one of this article.

Duration of social leave provided for in part one this article, as well as the issue of including these leaves in the length of service giving the right to the next annual labor leave, must be regulated in acts establishing the provision of these leaves to employees.

Article 239. Grounds for granting and features of the employee’s use of social leave

The basis for granting an employee social leave is the occurrence of those circumstances with which legislation, collective agreements either a collective contract or other legal acts on labor link the employee’s right to such leave. If these circumstances exist, the employer is obliged to provide the employee with social leave.

For the duration of all social leaves, regardless of whether they are established by law or provided for by collective agreements either a collective contract or other legal acts on labor, the employee retains his previous job (position).

Social leaves are provided in addition to annual labor leave. Social leave unused by an employee within the established period cannot be transferred to another period. It is not allowed to sum up social leave and replace it with monetary compensation.

§ 6. Leave with partial pay and without pay

Article 240. Leave with partial pay

Collective agreements either a collective contract or other legal acts on labor, and in their absence, an employment contract, may provide for the possibility of granting an employee leave with partial pay and determine the maximum duration of such leave during the calendar year.

The issue of granting an employee leave with partial pay and its duration is decided on a case-by-case basis by agreement of the parties to the employment contract. The employee’s consent to be granted such leave is expressed by submitting a written application to the employer.

Collective agreements either a collective contract or other legal acts on labor, and in their absence, an employment contract, may provide for cases where the employer is obliged to provide the employee, at his request, with leave with partial retention of wages.

The amount of wages partially retained by the employee and the issue of including or not including leave with partial retention of wages in the length of service giving the right to annual leave are established by collective agreements either a collective contract or other legal acts on labor, and in their absence – by an employment contract. At the same time, the amount of wages retained by the employee cannot be lower than the minimum wage established by law. If during the period the employee is on vacation with partial pay, the minimum wage was increased, then the amount of wages due to the employee must be recalculated taking into account this increase.

Article 241. Concept and general procedure for granting leave without pay

Leave without pay means unpaid leave with the employee retaining his place of work (position).

At the written request of the employee, he may be granted leave without pay, the duration of which is determined by agreement between the employee and the employer, but should not exceed continuously or in total three months during the calendar year from the date of the last leave without pay.

During the period of quarantine measures, the introduction of a state of emergency and in other cases that threaten the life or normal living conditions of the entire population or part of it, at the written request of the employee, the continuous or total duration of leave without pay may be increased, but not more than six months, unless otherwise provided by law.

Article 242. Mandatory provision of leave without pay at the request of an employee

Leave without pay is mandatory at the request of the employee:

participants of the war of 1941 – 1945 and persons equal to them in terms of benefits – up to fourteen calendar days annually;

persons with disabilities of groups I and II – up to fourteen calendar days annually;

one of the parents (guardian), grandmother, grandfather or other relative actually caring for a child aged two to three years;

one of the parents (person in loco parentis) raising two or more children under the age of twelve or a child with a disability under the age of sixteen – up to fourteen calendar days annually;

other employees in cases provided for by law and other legal acts on labor, as well as the terms of the employment contract.

CHAPTER 15. REMUNERATION

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§ 1. General conditions of remuneration

Article 243. Concepts of remuneration and wages

Remuneration is a system of relations regulated by labor legislation, other legal acts on labor and an employment contract between the parties to the employment contract regarding the establishment and implementation by the employer of payments to the employee for his work.

Wages are the amount of remuneration for labor paid by the employer depending on the qualifications of the employee, the complexity, quantity, quality and conditions of the work performed, as well as compensation payments (additional payments and allowances of a compensatory nature, including for work in conditions deviating from normal, work in unfavorable natural and climatic conditions and other compensation payments) and incentive payments (additional payments and incentive allowances, bonuses and incentive payments).

The minimum wage is the monthly wage guaranteed by law for unskilled labor of an employee who has fully worked the standard working hours while performing simple work under normal working conditions, corresponding to the first category of the Unified Wage Schedule.

Article 244. Basic guarantees in the field of remuneration of workers

Labor legislation provides for the following basic guarantees in the field of remuneration of workers:

prohibition of wage discrimination;

ensuring equal pay for men and women for work of equal value;

establishing a minimum wage;

securing the obligation of the employer, regardless of its financial condition, to pay for work performed by employees in accordance with the terms of remuneration established by law, other legal acts on labor, and an employment contract;

limitation of remuneration in kind;

regulation of requirements for the procedure and timing of payment of wages;

establishment of guaranteed wages for work in conditions deviating from normal working conditions (work overtime, on weekends and non-working holidays, at night);

ensuring that the employee receives wages in the event of termination of the employer’s activities and his insolvency in accordance with parts six and seven of Article 100 of this Code;

establishment of state wage rates for employees of budgetary organizations;

limiting the amount of deductions from an employee’s salary;

prohibition of restricting an employee’s free disposal of earned funds, except in cases established by law;

ensuring timely payment of wages to employees.

Collective agreements, as well as collective agreements, local acts adopted by the employer in agreement with the trade union committee, may provide for additional guarantees in the field of remuneration of workers compared to those established by law.

The terms of remuneration determined by the employment contract cannot be worsened in comparison with those established by labor legislation and other legal acts on labor.

The conditions of remuneration determined by collective agreements, collective agreements, and other legal acts on labor cannot be worsened in comparison with those established by labor legislation.

The wage conditions determined by the collective agreement and local acts cannot be worsened in comparison with those determined by the collective agreement.

Article 245. Establishment of the minimum wage

The minimum wage is established by the President of the Republic of Uzbekistan, taking into account proposals developed by the Republican Tripartite Commission on Social and Labor Issues, simultaneously throughout the entire territory of the Republic of Uzbekistan and is mandatory for all employers, regardless of their organizational and legal forms, forms of ownership and departmental subordination.

The monthly wage of an employee who has worked the monthly standard of working time and performed the labor function specified in the employment contract cannot be lower than the minimum wage established by law.

The minimum hourly wage for an employee who has fulfilled his or her job duties cannot be lower than the minimum wage per month established by law, divided by the average monthly number of working hours in the corresponding calendar year with a six-day working week.

Bonuses, wage increases, other incentive payments provided for by the wage system, as well as payments for overtime work, work on weekends and public holidays, at night, payments according to regional coefficients and other compensation and social payments are not included in the minimum amount wages.

Article 246. Establishment of conditions and amount of remuneration

The conditions and amount of remuneration are established by agreement between the employer and the employee, taking into account the complexity and conditions of the work performed, the professional, qualification and business qualities of the employee, the results of his work and the economic activities of the organization in accordance with the remuneration systems in force for the given employer.

Remuneration systems, including tariff rates, salaries, additional payments and allowances of a compensatory nature, including for work in conditions deviating from normal, systems of additional payments and incentive allowances and bonus systems, are established by collective agreements, collective agreements, as well as local acts adopted by the employer in agreement with the trade union committee, an employment contract in accordance with labor legislation.

The amount of remuneration is not limited to any maximum.

Article 247. Changes in wage conditions

The terms of remuneration are changed in the same order in which they are established.

Changing the terms of remuneration in a direction unfavorable for the employee is not allowed without the consent of the employee. As an exception, such a change is possible:

when there is a change in technology, organization of production and labor, a reduction in the volume of work (products, services), when the previous conditions of remuneration cannot be maintained;

in other cases in accordance with the law.

The employer must notify the employee, against signature, of new or upcoming changes in the current conditions of remuneration towards worsening no later than two months before their introduction.

Article 248. Salary structure

The salary consists of the main (basic) and additional (variable) parts.

The main (basic) part of the salary is established based on the current employer’s wage system and should not be less than the minimum wage established by law. The main (basic) part of the salary is its constant component and is accrued to the employee for the time actually worked or the work actually performed according to established labor standards (tariff rates, salaries).

The additional (variable) part of the salary consists of additional payments, allowances, as well as bonuses and other payments of a compensatory or incentive nature.

Article 249. Remuneration system and procedure for its establishment

The remuneration system is a way of establishing the dependence of the amount of workers’ wages on the quantity and quality of work, their individual and collective results.

The system of remuneration for employees is established by the employer in agreement with the trade union committee, with the exception of cases provided for by this Code in relation to certain categories of employees.

An organization may use several remuneration systems for certain categories of employees or structural divisions.

Workers are paid on a time-based, piece-rate basis or according to other criteria provided for by the remuneration system.

Depending on the specifics of the activity and specific economic conditions, tariff and (or) non-tariff systems for remuneration of workers may be used to organize remuneration.

Systems and types of remuneration for employees of budgetary organizations are determined by law.

Article 250. Tariff system of remuneration

The tariff system of remuneration is a system of remuneration based on a tariff system of differentiation of wages for workers of different categories.

The tariff system includes: tariff schedule, tariff rates (salaries), tariff categories, tariff coefficients.

The tariff schedule is a set of tariff categories of work (professions, positions), determined depending on the complexity of the work and the requirements for the qualifications of workers using tariff coefficients.

The tariff category is a value that reflects the complexity of the work and the level of qualifications of the employee.

The tariff rate (salary) is a fixed amount of remuneration for an employee for fulfilling a standard of work (job duties) of a certain complexity (qualification) per unit of time, without taking into account compensation, incentives and social payments.

The tariff coefficient is the ratio of the qualification level of workers by category, reflecting the multiple increase in the tariff rate of subsequent categories compared to the rate of the first category.

The qualification category is a value that reflects the level of professional training of an employee.

Tariffication of work is the assignment of types of labor to tariff categories or qualification categories depending on the complexity of the work.

The complexity of the work performed is determined based on their pricing.

Tariffication of work and assignment of tariff categories to employees are carried out taking into account professional standards.

Article 251. Tariff-free wage system

The non-tariff system of remuneration is a method of differentiation of wages, in which the amount of remuneration of an employee depends on the final results of his work and the work of the team and represents his share in the wage fund earned by the entire team, determined on the basis of the coefficient assigned to the employee, which reflects the assessment of performance the work of this employee.

The criteria and standards for assessing an employee’s individual professional achievements are established by the employer in agreement with the trade union committee. The assessment of an employee’s individual professional achievements is carried out by the employer.

When applying a non-tariff system of remuneration, it is not allowed to establish a level of payment less than the minimum wage guaranteed by law.

Article 252. Incentive payments

Incentive payments include bonuses, additional payments to wages, allowances and other payments to employees for high achievements in work, professional excellence, saving energy resources, materials, and achieving other pre-established indicators.

The bonus provided for by the remuneration system is a monetary reward included in the salary and paid to the employee in addition to the basic salary (tariff rate), in order to motivate the employee to achieve pre-established indicators and conditions.

An incentive bonus, not provided for by the remuneration system, is a monetary reward that is one-time in nature and paid by decision of the employer as a one-time incentive not for the employee’s achievement of pre-established indicators and conditions, but in connection with the occurrence of certain events (anniversaries, holidays, etc.) or the employee’s performance of certain actions (fulfillment of a particularly important order of the employer, implementation of an innovation proposal, etc.).

An allowance is a monetary payment made for an employee’s performance of work stipulated by an employment contract and has a stimulating (additional allowance for professional skill, length of service, length of service in a specific organization or industry, etc.) or a compensatory nature (additional allowances for the mobile or traveling nature of work, for work in unfavorable natural and climatic conditions or for work in harmful or difficult working conditions, for labor intensity, etc.).

An additional payment to wages is a monetary payment accrued to compensate an employee for performing additional functions that are not part of his direct duties (additional payment for combining professions (positions), increasing the volume of work performed, expanding the service area, performing the duties of an absent employee, etc.), or guarantee nature and carried out in cases of deviation from normal working conditions or in order to retain part of the employee’s wages in the event of a reduction through no fault of his own (additional payments for work at night, on weekends and non-working holidays, overtime work, additional payments to employees transferred for lower paid work due to health reasons, downtime, production needs, and others).

Systems of bonuses, additional payments and allowances, and other incentive payments to the main part of the salary are established by the employer in agreement with the trade union committee.

The procedure and conditions for applying incentive payments in budgetary organizations are established by law.

Article 253. Terms of payment of wages

The timing of payment of wages to employees is established in a collective agreement or local act, and in their absence – in the employment contract, and cannot be less than once every half month. Monthly wages are paid to employees divided into two parts (in advance and for rest) with a break, as a rule, no more than sixteen days.

The Cabinet of Ministers of the Republic of Uzbekistan may determine certain categories of workers whose wages are paid once a month.

If the day of payment of wages coincides with a day off or a non-working holiday, wages are paid on the eve of these days.

The timeliness of payment and the amount of wages due to the employee cannot be made dependent on the implementation of other payments and their order.

The employer is obliged, at the request of the employee, to inform him about the accruals and deductions made by the employer when calculating the employee’s wages.

The employer bears financial liability to the employee for delay in payment of wages in the amount established by Article 333 of this Code.

Article 254. Calculation terms upon termination of an employment contract

Upon termination of the employment contract, payment of all amounts due to the employee from the employer is made on the day of termination of the employment contract with the employee. If the employee did not work on the day of termination of the employment contract, then the corresponding amounts must be paid no later than three days after this employee submits a request for payment.

In the event of a dispute about the amount of amounts due to the employee upon termination of the employment contract, the employer is obliged to pay the undisputed amount within the period specified in part one of this article.

In cases provided for by local regulations, an employee has the right to receive remuneration based on the results of work for the year, even if he is not in an individual labor relationship at the time of payment.

Article 255. Issuance of wages not received by the day of the employee’s death

Wages not received by the day of the employee’s death are issued to members of his family or to a person who was dependent on the deceased on the day of his death. Payment of wages is made no later than seven days from the date of submission to the employer of the relevant application, a copy of the employee’s death certificate and the presentation of its original.

Article 256. Forms and place of payment of wages

Salaries are paid in national currency (sums).

Exceptions to the rule provided for in part one of this article may be established by law.

Payment of wages in the form of promissory notes, receipts, coupons is prohibited.

Payment in kind is prohibited, except in cases established by the Cabinet of Ministers of the Republic of Uzbekistan.

Payment of wages to an employee is made, as a rule, directly at the place where he performs the work.

With the written consent of the employee, it is allowed to pay wages or part of them through banking institutions or post offices with payment for their services at the expense of the employer.

If an employee, on the day of payment of wages, carries out an order from the employer outside the place of work (is on a business trip, on a professional development course, etc.), then, at the request of the employee, the employer must, at his own expense, send him the wages due or pay it to the employee’s authorized representative.

Article 257. Average wages and the procedure for calculating them

For all cases provided for by this Code, the average wage is determined based on the wages accrued to the employee for the billing period of twelve months preceding the month in which it is accrued, or for the period of time actually worked, if the employee has worked for less than twelve months. In this case, the month is considered to be the calendar month from the 1st to the 30th (31st) day of the corresponding month inclusive (in February – to the 28th (29th) day inclusive).

To calculate the average salary, all types of payments actually made by the employer that are subject to taxation, provided for by tax legislation, are included in the salary accrued to the employee.

The average wage for employees with a time-based wage system is determined based on the size of the tariff rate (salary) for the last calendar month preceding the month in which the employee retains the average wage, adding to it one-twelfth of the amount of allowances, bonuses and other payments ( additional part of the salary provided for in part three of Article 248 of this Code) for the twelve calendar months preceding the month in which the employee retains the average salary.

The average wage for employees with a piece-rate wage system is determined based on the actually accrued wages at piece-rate rates for the last calendar month preceding the month in which the employee retains the average wage, adding to it one-twelfth of the amount of allowances, bonuses and other payments (additional part of the salary provided for in part three of Article 248 of this Code) for the twelve calendar months preceding the month in which the employee retains the average salary.

The average wage for employees under non-tariff wage systems is determined based on the minimum wage established by law with the addition of one twelfth of all payments exceeding the minimum wage established by law.

When calculating the average salary, time is excluded from the calculation period, as well as amounts accrued during this time, if:

the employee retained the average salary in accordance with the law, with the exception of breaks for feeding the child provided for in Article 407 of this Code;

the employee received temporary disability benefits or maternity benefits;

the employee did not work due to downtime for reasons beyond the control of the employer and employee;

the employee was provided with additional paid days off to care for children with disabilities and persons with disabilities since childhood in accordance with Article 399 of this Code;

the employee was released from work with full or partial retention of wages or without payment in other cases established by law.

If the employee did not have actually accrued wages or days worked for the billing period and before the start of the billing period, the average wage is determined based on the amount of wages accrued for the days actually worked by the employee in the month of occurrence of the event that is associated with maintaining the average wage.

If the employee did not have actually accrued wages or actually worked days for the pay period, before the start of the pay period and before the occurrence of the event that is associated with maintaining the average wage, the average wage is determined based on the tariff rate (salary) established for him.

If one or more months of the billing period are not fully worked out or time is excluded from it in accordance with part seven of this article, than the average daily wage is calculated by dividing the amount of actually accrued wages for the billing period by the sum of the average monthly number of working days (25.3), multiplied by the number of complete calendar months, and the number of calendar days in incomplete calendar months. The number of working days in an incomplete calendar month is calculated by dividing the average monthly number of working days (25.3) by the actual number of working days in that month and multiplying by the number of working days attributable to the time worked in a given month.

The average daily wage in all cases of its calculation is determined by dividing the amount of the average wage, calculated in accordance with parts three, four and five of this article, by the average monthly number of working days (25.3).

The average hourly wage in all cases of its calculation is determined by dividing the amount of the average wage, calculated in accordance with parts three, four and five of this article, by the number of hours worked in the last calendar month preceding the month in which the employee retains the average wage pay.

Features of calculating the average wage of workers for individual cases (with cumulative accounting of working time, incomplete working time in the period adopted for its calculation, absence of wages in a given period and in other cases) are established by the Cabinet of Ministers of the Republic of Uzbekistan.

In all cases, the average monthly wage of an employee who has worked a monthly standard of working time and performed the labor function specified in the employment contract cannot be lower than the minimum wage established by law on the day of calculation.

When tariffs are revised in the billing period, the average monthly salary is subject to recalculation taking into account the changed tariff.

§ 2. Special conditions of remuneration

Article 258. Remuneration for reduced and part-time working hours

The wages of employees working under conditions of reduced working hours are paid in full, established for normal working hours.

The rule provided for in part one of this article does not apply to cases provided for in part two of article 415 of this Code, when remuneration for persons under the age of eighteen working during the academic year in their free time is made in proportion to the time worked or depending on production.

Employees working part-time (part-time, part-time, a combination of part-time and part-time) are paid in proportion to the time worked or depending on actual output.

Article 259. Remuneration for combining professions (positions), expanding the service area and increasing the volume of work

In cases of combining professions (positions), expanding the service area, increasing the volume of work, an additional payment is established and paid to the employee’s salary for the main position for:

employees of organizations not financed from the budget – in the amount of wages for work actually performed in combined professions (positions);

employees of budgetary organizations – in the amount of no more than fifty percent of the tariff rate (salary) for the combined position.

Additional payment is not made when the duties of a temporarily absent employee are assigned to his full-time deputy, without release from the main job.

Article 260. Remuneration for work of various qualifications

When an employee with a time wage performs work of various qualifications, his work is paid for work of a higher qualification.

When an employee with piecework wages performs work of various qualifications, his work is paid according to the rates of the work he performs.

In cases where, taking into account the nature of production, workers with piecework wages are entrusted with performing work that is charged below the grades assigned to them, the employer is obliged to pay them the difference between grades.

Article 261. Remuneration for development of new industries (products)

A collective agreement or employment contract may provide for the retention of the employee’s previous salary for the period of development of a new production (product).

Article 262. Payment for overtime work

Overtime work is paid no less than double the amount.

A collective agreement, a local act adopted by the employer in agreement with the trade union committee, or an employment contract may provide for higher amounts of additional payments for overtime work.

At the request of the employee, overtime work, instead of increased pay, can be compensated by providing additional rest time corresponding to the length of time worked overtime. In this case, overtime work is paid at a single rate, and rest time is not subject to payment.

Article 263. Remuneration for work on weekends or non-working holidays

Work on a weekend or a non-working holiday is paid no less than double the amount:

for piece workers – no less than double piece rates;

employees whose work is paid at daily and hourly tariff rates – in the amount of at least double the daily or hourly tariff rate;

employees receiving a salary – in the amount of at least a single daily or hourly rate in excess of the salary for each day or hour worked.

A collective agreement, a local act adopted by the employer in agreement with the trade union committee, or an employment contract may provide for higher amounts of additional payments for work on weekends or non-working holidays.

At the request of the employee, work on a day off or a non-working holiday can be compensated by providing another day of rest. When compensation for work on a weekend or a public holiday is provided by another day of rest, payment for such work is made at least in a single amount, and the day of rest is not subject to payment.

If an employee worked in accordance with the schedule or employment contract on generally established days off (Saturday or Sunday with a five-day work week or on Sunday with a six-day work week), and days off were provided to him on other days of the work week, then work on generally established days off is paid in single size.

Work on holidays, non-working days, regardless of whether it was carried out according to the schedule or the employee was involved in work on a holiday, non-working day in accordance with Article 210 of this Code, is paid no less than double the amount or, at the request of the employee, is compensated by providing another day of rest and payment in single size.

Article 264. Remuneration for work at night

Remuneration for night work is made at least one and a half times the following:

with a time-based wage system – using a coefficient of 1.5 or more for each hour of work at night;

in the case of a piecework wage system, piecework wages and an additional payment in the amount of fifty percent or more of the hourly tariff rate (salary) of a temporary worker of the corresponding category (qualification) are paid in full.

Increased pay for night work is not included in tariff rates (salaries).

The specific amount of additional payment to wages for work at night, as well as in multi-shift mode, is determined by a collective agreement, local acts adopted by the employer in agreement with the trade union committee, or an employment contract.

Article 265. Remuneration for non-compliance with labor standards, labor (official) duties

In case of failure to comply with labor standards or labor (job) responsibilities due to the fault of the employer, remuneration is made in an amount not lower than the average salary of the employee, calculated in proportion to the time actually worked.

If labor standards or job (job) responsibilities are not met for reasons beyond the control of the employer and employee, the employee retains at least two-thirds of the tariff rate (salary), calculated in proportion to the time actually worked.

In case of failure to comply with labor standards or labor (job) responsibilities due to the fault of the employee, payment of the standardized part of the salary is made in accordance with the volume of work performed.

Article 266. Payment for downtime

Downtime (temporary suspension of work for reasons of an economic, technological, technical or organizational nature) due to the fault of the employer is paid for salary.

Downtime due to reasons beyond the control of the employer and employee is paid in the amount of at least two-thirds of the tariff rate (salary), calculated in proportion to downtime.

Downtime caused by the employee is not paid.

The employee must immediately notify his immediate supervisor or another representative of the employer about the beginning of downtime caused by equipment breakdown and other reasons that make it impossible for the employee to continue to perform his job functions.

Article 267. Remuneration for labor in the manufacture of products that turned out to be defective

Defects that occur as a result, of a hidden defect in the processed material, as well as defects not caused by the employee, are paid on the same basis as suitable products.

Partial defects due to the fault of the employee are paid at reduced rates depending on the degree of suitability of the product.

Complete defects caused by the employee are not subject to payment.

Article 268. Peculiarities of remuneration for certain categories of workers

Certain categories of employees (heads of organizations, their deputies, chief accountants, employees engaged in work with harmful and (or) dangerous working conditions, in unfavorable natural and climatic conditions, part-time workers, and others) are established the specifics of remuneration in accordance with Section VI of this Code.

§ 3. Deductions from wages

Article 269. Limitation of deductions from wages

Deductions from wages are possible, as a rule, with the written consent of the employee, and in the absence of the employee’s consent, in accordance with part two of this article.

Regardless of the written consent of the employee, deductions are made:

1) taxes and fees;

2) for the execution of court decisions and other executive documents determined by the Law of the Republic of Uzbekistan “On the execution of judicial acts and acts of other bodies”, as well as the legal requirements of authorized bodies;

3) to repay an advance issued on account of wages, to repay unspent and timely unreturned advances issued for business needs, business trips in connection with moving to work in another area and to return amounts overpaid due to accounting errors. In these cases, the employer has the right to issue a deduction order no later than one month from the date of expiration of the period established for the return of the advance, repayment of debt, or from the date of incorrectly calculated payment. If this deadline is missed or the employee disputes the grounds or amount of withholding for repayment of the advance, then repayment of the debt is carried out in court;

4) to compensate for damage caused by an employee to the employer, if the amount of damage does not exceed the average monthly salary of the employee;

5) the fine provided for in paragraph 2 of part one of Article 312 of this Code.

6) for unworked vacation days upon termination of the employment contract before the end of the working year for which the employee has already received vacation, for unworked vacation days;

7) in other cases provided for by law.

Deduction for unworked days of annual leave is not made upon termination of an employment contract on the grounds provided for in part four of Article 137, part two of Article 143, part five of Article 146, paragraphs 1, 2 and 3 of part two of Article 161, paragraphs 1, 2, 6, 8 and 9 of part one of Article 168 of this Code, as well as on the initiative of the employee in the presence of valid reasons specified in part eight of Article 160 of this Code. Such deduction is also not made upon termination of the employment contract under paragraphs 4 and 5 of Article 168 of this Code, provided that the violation of the established rules for hiring or the occurrence of circumstances that impede the continuation of the individual employment relationship are not related to the guilty actions (inaction) of the employee.

Wages overpaid to an employee (including due to incorrect application of labor legislation or other legal acts on labor) cannot be recovered from him, except in the following cases:

counting error;

if the body for the consideration of individual labor disputes recognizes the employee’s guilt in failure to comply with labor standards;

wages were overpaid to the employee due to his unlawful actions (inaction) established by the court.

Deductions cannot be made from payments that, in accordance with the Tax Code of the Republic of Uzbekistan, are not subject to taxation.

Article 270. Limitation on the amount of deductions from wages

The total amount of all deductions from wages for each payment cannot exceed fifty percent of the wages actually accrued to the employee.

The restriction established by part one of this article does not apply to the deduction of arrears on alimony obligations, as well as from the wages of an employee who has been sentenced to correctional labor. In these cases, the amount of deductions for punishment and arrears of alimony obligations cannot exceed seventy percent of the wages actually accrued to the employee.

Article 271. Disposal of wages made at the request of the employee

At the request of the employee, wages or a certain part thereof in the amounts and within the time periods specified in the employee’s written application may be sent to creditors to pay for loans, credits, utilities and other expenses received from bank institutions.

In the cases specified in part one of this article, the restrictions provided for in Article 270 of this Code do not apply.

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The document presented in an unofficial translation from the database of the law firm “S VERENIN’S LEGAL GROUP”.

The document presented from the database of the law firm “S VERENIN’S LEGAL GROUP”.

The document presented as of ___1.08____2024г.

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