{"id":12967,"date":"2024-08-22T16:25:25","date_gmt":"2024-08-22T11:25:25","guid":{"rendered":"https:\/\/invest-in-uzbekistan.org\/?p=12967"},"modified":"2024-08-22T16:25:25","modified_gmt":"2024-08-22T11:25:25","slug":"trudovoj-kodeks-respubliki-uzbekistan-30-04-2023-osobennaya-chast-razdel-iii-trudoustrojstvo-glava-10-obshhie-polozheniya","status":"publish","type":"post","link":"https:\/\/invest-in-uzbekistan.org\/en\/zakonodatelstvo\/trudovoj-kodeks-respubliki-uzbekistan-30-04-2023-osobennaya-chast-razdel-iii-trudoustrojstvo-glava-10-obshhie-polozheniya\/","title":{"rendered":"LABOR CODE OF THE REPUBLIC OF UZBEKISTAN 30.04.2023 SPECIAL PART SECTION III. EMPLOYMENT CHAPTER 10. GENERAL PROVISIONS"},"content":{"rendered":"

LABOR CODE OF THE REPUBLIC OF UZBEKISTAN<\/span><\/strong><\/p>\n

30.04.2023<\/span><\/strong><\/p>\n

.<\/span><\/span><\/p>\n

SPECIAL PART<\/span><\/strong><\/p>\n

SECTION III. EMPLOYMENT<\/span><\/strong><\/p>\n

.<\/span><\/span><\/p>\n

CHAPTER 10. GENERAL PROVISIONS<\/span><\/strong><\/p>\n

Article 94. Right to employment<\/span><\/p>\n

Everyone has the exclusive right to dispose of their abilities for productive and creative work and to carry out any activity not prohibited by law.<\/span><\/p>\n

Everyone has the right to freely choose a place of work by directly contacting the employer or through the free assistance of labor authorities, as well as through the services of private employment agencies.<\/span><\/p>\n

Article 95. State guarantees for employment<\/span><\/p>\n

The state guarantees:<\/span><\/p>\n

freedom to choose the type of employment, including working with different work schedules;<\/span><\/p>\n

protection from illegal refusal to hire, transfer to another job, removal of an employee from work and termination of an employment contract;<\/span><\/p>\n

free assistance in selecting suitable work and employment;<\/span><\/p>\n

ensuring everyone equality of opportunity in obtaining a profession and work, working conditions and employment, remuneration, promotion;<\/span><\/p>\n

providing assistance in professional training, retraining and advanced training of job seekers and the unemployed;<\/span><\/p>\n

compensation for expenses in connection with voluntary relocation to work in another area at the suggestion of labor authorities;<\/span><\/p>\n

the opportunity to participate in paid public works.<\/span><\/p>\n

The procedure for providing employment guarantees is determined by employment legislation.<\/span><\/p>\n

Article 96. Additional guarantees in the field of employment of socially vulnerable categories of the population<\/span><\/p>\n

The state provides additional guarantees for the employment of socially vulnerable categories of the population.<\/span><\/p>\n

Socially vulnerable categories of the population include:<\/span><\/p>\n

single parents (person acting in loco parentis) with children under the age of fourteen, children with disabilities, as well as parents (person in loco parentis) having large families;<\/span><\/p>\n

youth who have acquired a profession after graduating from general secondary and secondary special educational organizations, vocational schools, vocational colleges and technical schools;<\/span><\/p>\n

graduates of <\/span>Mehribonlik<\/span> houses, as well as graduates of higher educational organizations who studied under state grants;<\/span><\/p>\n

persons discharged from military service from the troops of the Ministry of Defense, the Ministry of Internal Affairs, the Ministry of Emergency Situations, the National Guard, the State Security Service of the Republic of Uzbekistan;<\/span><\/p>\n

persons with disabilities;<\/span><\/p>\n

persons of pre-retirement age (two years before the statutory retirement age);<\/span><\/p>\n

persons released from penal institutions, or persons against whom compulsory medical measures were applied by court decision;<\/span><\/p>\n

victims of human trafficking.<\/span><\/p>\n

Other persons may also be classified as socially vulnerable categories of the population in accordance with the law.<\/span><\/p>\n

Additional guarantees in the field of employment are provided by creating additional jobs, specialized organizations, including organizations for the work of persons with disabilities, organizing special retraining and advanced training programs, establishing a minimum number of jobs for employing categories of citizens specified in part two of this article, as well as other measures provided for by law.<\/span><\/p>\n

The employer hires the persons specified in part two of this article, sent by labor authorities and other bodies, in the manner prescribed by law.<\/span><\/p>\n

Legislation may provide for other additional guarantees in the field of employment of socially vulnerable categories of the population.<\/span><\/p>\n

Chapter 11. Guarantees provided by the employer in the field of employment and employment<\/span><\/p>\n

Article 97. Responsibilities of the employer in the field of employment and employment<\/span><\/p>\n

An employer in the field of employment and placement is obliged to:<\/span><\/p>\n

provide information on the release of employees in accordance with Article 166 of this Code;<\/span><\/p>\n

not allow illegal refusals to hire in accordance with parts one and two of Article 119 of this Code;<\/span><\/p>\n

employ persons for the established minimum number of jobs in accordance with Article 99 of this Code;<\/span><\/p>\n

warn employees about the termination of the employment contract in accordance with Article 165 of this Code;<\/span><\/p>\n

take measures to preserve the employee\u2019s place of work by transferring to another job in accordance with Article 144 of this Code;<\/span><\/p>\n

maintain the average salary for the period of employment upon termination of the employment contract on certain grounds in accordance with parts one , two and three of Article 100 of this Code;<\/span><\/p>\n

provide guarantees to invited persons in accordance with Article 101 of this Code;<\/span><\/p>\n

hire back workers with whom the employment contract was terminated on certain grounds, in accordance with Article 102 of this Code;<\/span><\/p>\n

provide additional guarantees in accordance with collective agreements and collective agreements.<\/span><\/p>\n

An employer in the field of employment and employment may bear other responsibilities in accordance with the law.<\/span><\/p>\n

Article 98. Guarantees in case of mass release of workers<\/span><\/p>\n

The criteria for mass layoffs are indicators of the number of workers with whom the employment contract is expected to be terminated due to a change in the number or staff of the organization\u2019s employees, due to changes in technology, organization of production and labor, a reduction in the volume of work (products, services), or in connection with the liquidation of the organization (its separate division).<\/span><\/p>\n

The criteria for mass layoffs of workers include:<\/span><\/p>\n

a) liquidation of an organization of any organizational and legal form (its separate division) with twenty or more employees;<\/span><\/p>\n

b) reduction in the number (staff) of employees in the amount of:<\/span><\/p>\n

fifty or more employees within thirty calendar days;<\/span><\/p>\n

two hundred or more employees within sixty calendar days;<\/span><\/p>\n

five hundred or more employees within ninety calendar days.<\/span><\/p>\n

Local government authorities may suspend for up to six months decisions on the mass release of workers while simultaneously partially or fully compensating the employer for losses caused by this postponement.<\/span><\/p>\n

The employer is obliged to bring to the attention of the labor authority and territorial or <\/span>sectoral<\/span> trade union associations information about the upcoming mass release of workers in the manner and within the time frame provided for in Article 166 of this Code. Upon receipt of this information, labor authorities are obliged to take measures to find employment for released workers in the manner prescribed by law.<\/span><\/p>\n

Article 99. Employment based on the established minimum number of jobs<\/span><\/p>\n

The employer is obliged, taking into account qualification requirements, to hire persons from among socially vulnerable categories of the population sent by local labor authorities and other authorized bodies, in the manner established by law, for employment in reserved jobs.<\/span><\/p>\n

The procedure for assignment to work against the established minimum number of jobs is determined by law.<\/span><\/p>\n

Article 100. Guarantees of maintaining the average salary for the period of employment in the event of termination of an employment contract on certain grounds<\/span><\/p>\n

Employees are guaranteed to maintain their average salary during the period of job search, taking into account severance pay, but for no more than two months if their employment contract is terminated on the following grounds:<\/span><\/p>\n

the employee\u2019s refusal to continue working under new working conditions;<\/span><\/p>\n

the employee\u2019s refusal to move to work in another area with the employer;<\/span><\/p>\n

the employee\u2019s refusal to transfer for health reasons in accordance with a medical report to another job that is not contraindicated for him due to health reasons, or the employer\u2019s lack of appropriate work;<\/span><\/p>\n

change in the number or staff of an organization\u2019s employees due to changes in technology, organization of production and labor, reduction in the volume of work (products, services);<\/span><\/p>\n

liquidation of an organization (its separate division) by decision of its founders (participants) or a body of a legal entity authorized to do so by the constituent documents;<\/span><\/p>\n

incompatibility with the work performed due to insufficient qualifications;<\/span><\/p>\n

reinstatement of the employee who previously performed this work;<\/span><\/p>\n

entry into force of a court decision on the liquidation of an organization.<\/span><\/p>\n

The guarantees provided for in part one of this article also apply to cases of termination of an employment contract in connection with a change of owner with the head of the organization, his deputies, the chief accountant, and in the absence of the position of chief accountant in the organization – with the employee performing the functions of the chief accountant (hereinafter referred to as the chief accountant). accountant).<\/span><\/p>\n

The specifics of providing the guarantees provided for in part one of this article to certain categories of workers are established in accordance with part five of article 494, part four of article 506, part seven of article 511, part seven of article 518 of this Code.<\/span><\/p>\n

If the employees specified in parts one and two of this article, within thirty calendar days after the termination of the employment contract, registered with the local labor authority as job seekers, then they receive the right to the average salary for the third month at their previous place of work according to a certificate issued by the local labor authority.<\/span><\/p>\n

If, after a three-month period, the employees specified in parts one and two of this article are not provided with suitable work, they are recognized as unemployed.<\/span><\/p>\n

See previous edition.<\/span><\/p>\n

If an employer is declared insolvent, its employees have priority over the claims of all other creditors for wages and other payments due to them.<\/span><\/p>\n

(Part six of Article 100 as amended by the Law of the Republic of Uzbekistan dated February 21, 2024 No. ZRU-911 – National Legislation Database, 02.22.2024, No. 03\/24\/911\/0142)<\/span><\/p>\n

If liquidated organizations do not have funds, payment of compensation to employees specified in part one of this article is made at the expense of the State Employment Promotion Fund of the Republic of Uzbekistan.<\/span><\/p>\n

Article 101. Additional guarantees in the field of employment for invited persons<\/span><\/p>\n

If an employer has sent an invitation to an individual with an offer of employment, the employer has no right to refuse to employ him during the validity period of the invitation, and if the period is not specified in the invitation, then within one month from the date of sending the invitation. An invitation is understood as a direct, explicit expression of the employer\u2019s consent to conclude an employment contract with a given individual. The invitation can be sent in writing or electronically by the appropriate authorized official of the employer.<\/span><\/p>\n

The provisions of part one of this article apply to foreign citizens and stateless persons if the employee undergoes all the necessary procedures provided for by law.<\/span><\/p>\n

Article 102. The procedure for rehiring employees with whom the employer has terminated the employment contract on certain grounds<\/span><\/p>\n

Persons released from work as a result of their election to elective positions in state bodies or in representative bodies of workers are provided, after the end of their powers in an elective position, with their previous job (position), and in its absence, another equivalent job (position).<\/span><\/p>\n

Employment of deputies of the Legislative Chamber and members of the Senate of the <\/span>Oliy<\/span> Majlis<\/span> of the Republic of Uzbekistan who worked in the Senate on a permanent basis, upon expiration of their term of office, as well as in the event of dissolution of the Legislative Chamber and Senate of the <\/span>Oliy<\/span> Majlis<\/span> of the Republic of Uzbekistan, is carried out in the manner prescribed by Article 16 of the Law of the Republic of Uzbekistan \u201cOn the Status of deputy of the Legislative Chamber and member of the Senate of the <\/span>Oliy<\/span> Majlis<\/span> of the Republic of Uzbekistan.\u201d<\/span><\/p>\n

An employee called up (entered) for military service, after being transferred to the reserve or retired, has a preferential right to employment at his previous place of work if he contacts the employer regarding employment no later than three months from the date of dismissal from the Armed Forces of the Republic of Uzbekistan, troops of the Ministry of Internal Affairs, State Security Service, National Guard and Ministry of Emergency Situations of the Republic of Uzbekistan.<\/span><\/p>\n

An employee who is called up (entered) for military service, but then dismissed to the reserve or retired, has the right to return to his previous job (position) if no more than three months have passed from the date of his call up (entry) to military service.<\/span><\/p>\n

When an organization is reorganized, the employment of persons discharged from military service is carried out by the successor, and in the event of its liquidation – by the local labor authority.<\/span><\/p>\n

In cases where it is impossible to provide employees with the guarantees specified in parts one , two and three of this article, the local labor authority provides employment, and, if necessary, their free vocational training, retraining and advanced training.<\/span><\/p>\n

The employer is obliged to hire employees with whom the employment contract was previously terminated under paragraph 2 of part two of Article 161 of this Code, if within six months from the date of termination of the employment contract with the employee, a vacancy appears in the organization in the same specialty and qualifications, which the employee previously occupied.<\/span><\/p>\n

Chapter 13. Working hours<\/span><\/p>\n

\u00a7 1. General Provisions<\/span><\/p>\n

Article 181. Concept and types of working time<\/span><\/p>\n

Working time is the time during which an employee, in accordance with internal labor regulations, shift (work) schedules, other local regulations or the terms of the employment contract, must perform labor duties.<\/span><\/p>\n

Working hours include:<\/span><\/p>\n

time of actual performance of labor duties by the employee;<\/span><\/p>\n

other periods of time provided for by this Code (downtime not through the fault of the employee, breaks due to the technology and organization of production and labor, breaks for feeding a child, and others), as well as labor legislation and other legal acts on labor, including the time of execution basic and preparatory and final operations (receipt of work orders, materials, tools, familiarization with equipment, documentation, preparation and cleaning of the workplace, delivery of finished products, etc.).<\/span><\/p>\n

Types of working time are:<\/span><\/p>\n

normal working hours;<\/span><\/p>\n

reduced working hours;<\/span><\/p>\n

part-time work.<\/span><\/p>\n

Article 182. Normal working hours<\/span><\/p>\n

The normal working hours for an employee cannot exceed forty hours per week in a five-day or six-day work week.<\/span><\/p>\n

Article 183. Shortened working hours<\/span><\/p>\n

Certain categories of workers, taking into account their age, health status, working conditions, specifics of labor functions and other circumstances, in accordance with the legislation and other legal acts on labor, as well as the terms of the employment contract, are provided with a reduced working time without reducing wages.<\/span><\/p>\n

Shortened working hours are mandatory:<\/span><\/p>\n

employees under the age of eighteen ( Article 415 of this Code);<\/span><\/p>\n

employees with disabilities of groups I and II ( part one of Article 427 of this Code);<\/span><\/p>\n

employees engaged in work with unfavorable working conditions ( Article 477 of this Code);<\/span><\/p>\n

medical workers, teachers and other categories of workers whose work is associated with increased emotional, mental, nervous stress ( Article 184 of this Code);<\/span><\/p>\n

one of the parents (guardian) of a child under three years of age working in an organization financed from the budget ( part one of Article 397 of this Code).<\/span><\/p>\n

Article 184. Reduced working hours for workers whose work is associated with increased emotional, mental and nervous stress<\/span><\/p>\n

For medical workers, teachers and other categories of workers whose work is associated with increased emotional, mental and nervous stress, that is, of a special nature, the working time is set to no more than thirty-six hours per week. The list of such workers and the specific duration of their working hours are determined by the Cabinet of Ministers of the Republic of Uzbekistan, but not more than the duration of working hours established by this article.<\/span><\/p>\n

Article 185. Duration of daily work (shift)<\/span><\/p>\n

The duration of daily work (shift) cannot exceed:<\/span><\/p>\n

a) for employees who have normal working hours:<\/span><\/p>\n

with a six-day working week – seven hours;<\/span><\/p>\n

with a five-day working week – eight hours;<\/span><\/p>\n

b) for workers under eighteen years of age – the duration established by Article 416 of this Code;<\/span><\/p>\n

c) for employees with disabilities – the duration established by part two of Article 427 of this Code;<\/span><\/p>\n

d) for workers engaged in work with unfavorable working conditions – the duration established by Article 478 of this Code.<\/span><\/p>\n

For 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, in accordance with the lists of works, 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, the duration of daily work (shift) can be established in accordance with legislation, local acts, a collective agreement or an employment contract.<\/span><\/p>\n

If an organization introduces summarized recording of working time, the rules provided for in Article 199 of this Code are applied.<\/span><\/p>\n

Article 186. Part-time work<\/span><\/p>\n

By agreement of the parties to the employment contract, upon hiring and subsequently, an employee may be assigned part-time working hours (part-time working day (shift) and (or) part-time working week, including with the division of the working day into parts). Part-time working hours can be established either without a time limit or for any period agreed upon by the parties to the employment contract.<\/span><\/p>\n

The employer is obliged to establish part-time working hours:<\/span><\/p>\n

at the request of a pregnant woman, one of the parents (person in loco parentis) of a child under the age of fourteen (a child with a disability under the age of sixteen), as well as a person caring for a sick family member in accordance with a medical report, in accordance with Article 398 of this Code;<\/span><\/p>\n

at the request of a person with a disability, if the establishment of working hours for him is provided for in the recommendations of the medical and social expert commission in accordance with part two of Article 424 of this Code;<\/span><\/p>\n

in other cases provided for by this Code or other legal acts on labor.<\/span><\/p>\n

Part-time working time for the persons listed in part two of this article is established for a period convenient for the employee, but not more than for the period of existence of the circumstances that were the basis for the mandatory establishment of part-time working time, and the regime of working time and rest time, including the duration of daily work (shifts), start and end times of work, time of breaks in work are set in accordance with the wishes of the employee, taking into account the conditions of production (work) for a given employer. At the same time, the duration of part-time work and the work schedule of persons with disabilities should be established in accordance with the recommendations of the medical and social expert commission.<\/span><\/p>\n

When working part-time, the employee is paid in proportion to the time he worked or depending on the amount of work he performed.<\/span><\/p>\n

Part-time work does not entail for employees any restrictions on the duration of the annual main leave, calculation of length of service and other labor rights.<\/span><\/p>\n

Article 187. Duration of work on the eve of non-working holidays<\/span><\/p>\n

The duration of daily work (shift) on the eve of non-working holidays is reduced for all employees by at least one hour.<\/span><\/p>\n

In continuously operating organizations and in certain types of work, where it is impossible to reduce the duration of work (shift) on a pre-holiday day, overtime is compensated by providing the employee with additional rest time or, with the employee\u2019s consent, payment according to the standards established for overtime work.<\/span><\/p>\n

Article 188. Duration of work at night<\/span><\/p>\n

Night time is considered to be from 22:00 to 6:00.<\/span><\/p>\n

The duration of night work is reduced by one hour without further work with a corresponding reduction in the length of the working week, if at least half of the duration of daily work (shift) established for the employee occurs at night.<\/span><\/p>\n

The duration of work (shift) at night is not reduced for employees who have a reduced working time, as well as for employees hired specifically to work at night, unless otherwise provided by the collective agreement.<\/span><\/p>\n

The duration of work at night is equal to the duration of work during the day in cases where this is necessary due to working conditions, as well as for shift work with a six-day work week with one day off. The list of specified works may be determined by a collective agreement, and if it is not concluded, by the employer in agreement with the trade union committee.<\/span><\/p>\n

Employees are recruited to work at night in compliance with the restrictions established by the second part of Article 396, the first part of Article 417 and Article 428 of this Code.<\/span><\/p>\n

Payment for work at night is made in accordance with Article 264 of this Code.<\/span><\/p>\n

Article 189. Overtime work<\/span><\/p>\n

Overtime work is considered to be the involvement of an employee by the employer to work beyond the working hours established for the employee.<\/span><\/p>\n

The procedure for determining the number of hours of overtime work depends on the type of working time recording.<\/span><\/p>\n

When recording working hours by the day, overtime is considered to be work that exceeds the duration of daily work (shift) established for the employee.<\/span><\/p>\n

When recording weekly working hours, overtime is considered to be work that exceeds the weekly working hours established for the employee.<\/span><\/p>\n

When recording working hours in aggregate, overtime is considered to be work in excess of the working hours established for the employee for an accounting period exceeding one week.<\/span><\/p>\n

An employer’s involvement of an employee in overtime work without his consent is permitted:<\/span><\/p>\n

1) when 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 <\/span>exceptional cases threatening the life or normal living conditions of the entire population or parts thereof;<\/span><\/p>\n

2) when carrying out socially necessary work to eliminate unforeseen circumstances that disrupt the normal functioning of centralized hot water supply, cold water supply and (or) sewerage systems, gas supply systems, heat supply, lighting, transport, communications;<\/span><\/p>\n

3) to continue work if the replacement employee fails to appear, if the work does not allow a break. In this case, the employer is obliged to immediately take measures to replace the shift worker with another employee.<\/span><\/p>\n

The employer’s involvement of the employee in overtime work in the cases provided for in paragraphs 2 and 3 of part six of this article is permitted within the framework of the employee’s labor function.<\/span><\/p>\n

Except for the cases provided for in part six of this article, involvement in overtime work is permitted with the written consent of the employee.<\/span><\/p>\n

Overtime work is not allowed when the work shift lasts twelve hours, as well as in work with especially harmful and especially dangerous working conditions.<\/span><\/p>\n

Involvement in overtime work is carried out in compliance with the restrictions established by the first part of Articles 396, 417 and Article 428 of this Code.<\/span><\/p>\n

Compensation and payment for overtime work are made in accordance with Article 262 of this Code.<\/span><\/p>\n

Article 190. Limit duration of overtime work<\/span><\/p>\n

The duration of overtime work should not exceed four hours for an employee for two consecutive days (for jobs with unfavorable working conditions – two hours a day) and one hundred and twenty hours a year.<\/span><\/p>\n

The employer is required to ensure that the employee’s overtime hours are accurately recorded.<\/span><\/p>\n

\u00a7 2. Regime and recording of working hours<\/span><\/p>\n

Article 191. The concept of working hours and the procedure for establishing it<\/span><\/p>\n

The working time regime is the distribution of working time during a certain calendar period (working day, week, and when using summarized recording of working time – during an accounting period exceeding a week).<\/span><\/p>\n

Working hours determine:<\/span><\/p>\n

type and duration of the working week (five-day working week with two days off, six-day working week with one day off, working week with days off on a rotating schedule, part-time working week);<\/span><\/p>\n

start time, end time and duration of the working day (shift);<\/span><\/p>\n

break time for rest and food, as well as other breaks provided for by labor legislation or other legal acts on labor;<\/span><\/p>\n

alternation of working and non-working days;<\/span><\/p>\n

number of shifts per day;<\/span><\/p>\n

sequence of rotation of workers in shifts.<\/span><\/p>\n

The working hours are established by internal labor regulations, shift schedules, other local acts, and in their absence, by an employment contract. An employment contract may provide for the establishment of an individual working time regime for an employee, which differs from the general working time regime provided for by internal labor regulations, shift schedules or other local regulations.<\/span><\/p>\n

Article 192. Working hours during shift work<\/span><\/p>\n

Working two or more shifts is considered shift work. Shift work is introduced in cases where the duration of the production process (work) exceeds the established duration of daily work, as well as in order to more efficiently use equipment and increase the volume of production (work, services).<\/span><\/p>\n

The working hours during shift work are determined by the shift schedule. Workers alternate shifts evenly.<\/span><\/p>\n

Engaging an employee to work for two shifts in a row is prohibited. The minimum duration of daily rest between shifts (from the end of one shift to the beginning of the next shift) must, together with the break time for rest and food, be at least twelve hours.<\/span><\/p>\n

Article 193. Flexible working time regime<\/span><\/p>\n

A flexible working time regime is a method of organizing working time in which individual employees or groups of employees of structural divisions of an organization are allowed, within certain limits, self-regulation of the beginning, end and total duration of the working day. In this case, it is required to fully work out the total number of working hours established for the employee during the accepted accounting period (working day, week, month, etc.).<\/span><\/p>\n

Flexible working hours include:<\/span><\/p>\n

variable (flexible) time – the time at the beginning and end of the working day (shift), within which the employee has the right to start and finish work at his own discretion;<\/span><\/p>\n

fixed time – the time of mandatory presence at work for a person working under a flexible working time regime;<\/span><\/p>\n

a break for rest and food, in accordance with Article 204 of this Code, which, as a rule, divides fixed working time into two approximately equal parts. Its actual duration is not included in working hours;<\/span><\/p>\n

the duration of the accounting period, which determines the calendar time (working day, week, month, quarter, etc.) during which the employee must work the standard working hours established for him.<\/span><\/p>\n

When working in flexible working hours with a reporting period lasting one working day, the standard working time established for the employee must be worked out daily.<\/span><\/p>\n

If the duration of the accounting period exceeds a working day, then the standard working time established for the employee must be worked by the employee for the corresponding accounting period (week, month, quarter, etc.).<\/span><\/p>\n

In cases where the duration of the accounting period exceeds one week, a summarized accounting of working time must be provided, established in accordance with Article 199 of this Code.<\/span><\/p>\n

The maximum duration of flexible time during the working day, together with the break time for rest and food, should not exceed twelve hours, and the sum of hours of working time for the accounting period should be equal to the standard hours established for the employee for this period.<\/span><\/p>\n

Article 194. Working hours with division of the working day (shift) into parts<\/span><\/p>\n

At jobs where this is necessary due to the nature of the work being performed, as well as when performing work whose intensity is not the same throughout the working day (shift), the working day can be divided into parts. A working day is recognized as divided into parts if during the working day the employee is provided with a break exceeding two hours.<\/span><\/p>\n

The total duration of working time when dividing the working day into parts should not exceed the established duration of daily work.<\/span><\/p>\n

The time of breaks during the working day provided due to the division of the working day into parts is not included in working hours.<\/span><\/p>\n

The decision to divide the working day into parts, the list of jobs for which this working time regime is introduced, the amount of the bonus for employees carrying out labor activities with the division of the working day into parts is established by a collective agreement, local acts adopted by the employer in agreement with the trade union committee.<\/span><\/p>\n

Article 195. Working hours in case of <\/span>secondment<\/span> of an employee to another employer<\/span><\/p>\n

If an employee is seconded to another employer, the employee is subject to the working time regime established by the employer to which the employee is seconded, except in cases where the employment contract concluded between the employee and the employer to which the employee is seconded provides for an individual one that differs from the generally established this employer has working hours.<\/span><\/p>\n

Article 196. Working hours on a business trip<\/span><\/p>\n

Depending on the purpose of the business trip, the posted employee is subject to the working hours established by the employer to whom the employee is sent, or the work schedule on a business trip is established by a travel assignment approved by the employer who sent the employee on a business trip.<\/span><\/p>\n

Article 197. Peculiarities of working hours for certain categories of workers<\/span><\/p>\n

Features of the working hours of certain categories of workers (part-time workers, persons employed by individual entrepreneurs, domestic and remote workers, as well as persons working on a rotational basis and others) are established in Section VI of this Code.<\/span><\/p>\n

The working hours of transport workers, communications workers, rescuers, persons working on personal computers, video display terminals, office equipment, and other workers with a special nature of work are established taking into account the requirements stipulated by law, as well as sanitary norms and rules.<\/span><\/p>\n

Article 198. Concept and types of working time recording<\/span><\/p>\n

Working time recording is the identification, by recording visits to work, of the time actually worked by each employee in order to ensure control over the employees\u2019 compliance with the established standard working hours for the corresponding accounting period.<\/span><\/p>\n

Depending on the length of the accounting period, the following types of working time recording may be provided:<\/span><\/p>\n

daily accounting, in which the accounting period is equal to one day. With daily accounting, the employee works the same number of working hours during each working day and fulfills the established working hours daily;<\/span><\/p>\n

weekly accounting, in which the accounting period is equal to one week. When recording working hours on a weekly basis, the duration of daily work may be different, but not more than established by Article 185 of this Code, subject to the established norm of working time during the week;<\/span><\/p>\n

summarized accounting, in which the accounting period for which the employee must work standard working hours exceeds one week. When recording working hours in aggregate, the duration of daily or weekly work may deviate from the norm of the hours of the working day or working week within the limits specified in Article 199 of this Code. The resulting overtime or shortfall in certain calendar periods must be balanced in such a way that the sum of hours for the accounting period is equal to the standard working time for this period.<\/span><\/p>\n

The standard working hours for the accounting period is determined based on the daily (for daily accounting) or weekly (for weekly and cumulative accounting) working hours established for the corresponding category of workers. For employees working part-time (shift) and (or) part-time week, the normal number of working hours for the accounting period is reduced accordingly.<\/span><\/p>\n

Article 199. Procedure for establishing and applying summarized recording of working time<\/span><\/p>\n

If, due to the conditions of production (work), the employer cannot comply with the daily or weekly working hours established for this category of employees (including employees engaged in work with unfavorable working conditions), it is permitted to introduce summarized recording of working hours.<\/span><\/p>\n

Summarized recording of working time can be introduced provided that the duration of working time for the accounting period does not exceed the standard working hours. In this case, the accounting period should not exceed twelve months, and the duration of daily work (shift) should not exceed twelve hours.<\/span><\/p>\n

The procedure for applying summarized recording of working hours, and, if necessary, measures aimed at equalizing the amount of wages paid to employees during the accounting period, are established by a collective agreement, and if it is not concluded, they are determined by the employer in agreement with the trade union committee.<\/span><\/p>\n

Cumulative recording of working time is established in compliance with the restrictions established to attract certain categories of workers to overtime work.<\/span><\/p>\n

Article 200. Obligation of the employer to organize recording of working time<\/span><\/p>\n

The employer is obliged to organize a record of employees’ attendance at work and departure from it.<\/span><\/p>\n

Recording of attendance and departure from work is carried out in work time sheets of the established form and other documents, and can also be recorded using hardware, hardware-software and software.<\/span><\/p>\n

The time of actual performance of labor duties by the employee, as well as other periods included in working hours in accordance with part two of Article 181 of this Code are subject to recording.<\/span><\/p>\n

The time worked separately takes into account the time of overtime work, time work of piece workers, business trips and internal part-time work.<\/span><\/p>\n

Unworked time includes paid and unpaid time, as well as lost working time, both due to the fault of the employee and in the absence of his fault.<\/span><\/p>\n

The time of actual performance of work duties by the employee is taken into account from the moment the employee appears at the place of work in accordance with the internal labor regulations, work schedule (shift) or special instructions of the employer and until the moment of actual release from work on that working day (shift).<\/span><\/p>\n

During the actual performance of labor duties by the employee, the travel time from the place of residence to the place of permanent work (permanent assembly) and back, the time required to travel from the checkpoint to the workplace, for changing clothes before starting and after finishing work, for registration are not included and are not taken into account. when leaving.<\/span><\/p>\n

Chapter 14. Rest time<\/span><\/p>\n

\u00a7 1. General Provisions<\/span><\/p>\n

Article 201. Concept and types of rest time<\/span><\/p>\n

Rest time is the time during which an employee is free from performing work duties and which he can use at his own discretion.<\/span><\/p>\n

Types of rest time are:<\/span><\/p>\n

breaks during the working day (shift);<\/span><\/p>\n

daily (between shifts) rest;<\/span><\/p>\n

weekends (weekly uninterrupted rest);<\/span><\/p>\n

public holidays; non-working days;<\/span><\/p>\n

annual basic and additional labor leaves;<\/span><\/p>\n

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.<\/span><\/p>\n

Article 202. Periods of release of an employee from performing work duties that are not rest periods<\/span><\/p>\n

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:<\/span><\/p>\n

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;<\/span><\/p>\n

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;<\/span><\/p>\n

days off from work provided to pregnant women;<\/span><\/p>\n

exemption from work for donors on the day of medical examination and the day of donation of blood and its components;<\/span><\/p>\n

social leaves: maternity leave, child care leave, educational and creative leave;<\/span><\/p>\n

periods of performance by the employee of state or public duties;<\/span><\/p>\n

periods of performing duties in the interests of the employer and the workforce;<\/span><\/p>\n

periods of temporary incapacity for work of the employee;<\/span><\/p>\n

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.<\/span><\/p>\n

Article 203. Invalidity of provisions of acts limiting the employee\u2019s right to rest guaranteed by law<\/span><\/p>\n

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\u2019s right to rest guaranteed by law, including those providing for a reduction in the duration of rest time established by labor legislation, are invalid.<\/span><\/p>\n

\u00a7 2. Work breaks. Weekends and public holidays<\/span><\/p>\n

Article 204. Breaks for rest and food<\/span><\/p>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

Break times for rest and meals can be set generally for all workers or separately for structural units, teams and individual groups of workers.<\/span><\/p>\n

Employees use the break for rest and food at their own discretion. During this time they may leave their place of work.<\/span><\/p>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

Legislation, sanitary norms and rules may provide for the provision of breaks for rest and food to certain categories of workers.<\/span><\/p>\n

Article 205. Additional breaks during the working day (shift)<\/span><\/p>\n

In addition to the break for rest and food, employees are provided with the following additional breaks during the working day (shift):<\/span><\/p>\n

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;<\/span><\/p>\n

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;<\/span><\/p>\n

breaks to feed the baby.<\/span><\/p>\n

The breaks listed in part one of this article are included in working hours.<\/span><\/p>\n

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.<\/span><\/p>\n

Article 206. Duration of daily (between shifts) rest<\/span><\/p>\n

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.<\/span><\/p>\n

Article 207. Weekends (weekly continuous rest)<\/span><\/p>\n

Employees are given weekly days off.<\/span><\/p>\n

With a five-day work week, 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.<\/span><\/p>\n

With a five-day and six-day working week, the common day off is Sunday. The second day off in a five-day work week is established by a collective agreement or internal labor regulations or shift schedules, and in their absence, by an employment contract.<\/span><\/p>\n

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.<\/span><\/p>\n

Article 208. Holidays and non-working days<\/span><\/p>\n

Holidays and non-working days are:<\/span><\/p>\n

January 1 – New Year;<\/span><\/p>\n

March 8 – Women’s Day;<\/span><\/p>\n

March 21 – <\/span>Navruz<\/span> holiday;<\/span><\/p>\n

May 9 – Day of Remembrance and Honor;<\/span><\/p>\n

September 1 – Independence Day;<\/span><\/p>\n

October 1 – Teacher and Mentor Day;<\/span><\/p>\n

December 8 – Constitution Day of the Republic of Uzbekistan;<\/span><\/p>\n

the first day of the religious holiday \u201c<\/span>Ruza<\/span> Hayit<\/span>\u201d (<\/span>Eid<\/span> al-<\/span>Fitr<\/span>);<\/span><\/p>\n

the first day of the religious holiday \u201c<\/span>Kurban<\/span> Hayit<\/span>\u201d (<\/span>Eid<\/span> al-<\/span>Adha<\/span>).<\/span><\/p>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

Article 209. Prohibition of work on weekends and public holidays<\/span><\/p>\n

Work on weekends and non-working holidays is prohibited, except as provided for by this Code.<\/span><\/p>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

Payment for work on weekends or non-working holidays is made in accordance with Article 263 of this Code.<\/span><\/p>\n

Article 210. Exceptional cases of involving employees to work on weekends and public holidays without their consent<\/span><\/p>\n

Involvement in work on weekends and non-working holidays without the consent of the employee is not permitted, except in the following cases:<\/span><\/p>\n

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;<\/span><\/p>\n

2) preventing accidents;<\/span><\/p>\n

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;<\/span><\/p>\n

4) preventing destruction or damage to the employer\u2019s property.<\/span><\/p>\n

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\u2019s labor function.<\/span><\/p>\n

Article 211. Limitation of employment on weekends and non-working holidays<\/span><\/p>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

Article 212. Registration of engaging an employee to work on a day off or a public holiday<\/span><\/p>\n

Involvement of employees to work on a day off or a non-working holiday is formalized by order of the employer. An employee\u2019s 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.<\/span><\/p>\n

When engaging an employee without his consent to work on a weekend or a non-working holiday, the employer\u2019s order must indicate the exceptional case provided for in Article 210 of this Code.<\/span><\/p>\n

\u00a7 3. General provisions on holidays<\/span><\/p>\n

Article 213. Types of leaves<\/span><\/p>\n

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:<\/span><\/p>\n

annual leave;<\/span><\/p>\n

social holidays;<\/span><\/p>\n

leave with partial pay;<\/span><\/p>\n

leave without pay.<\/span><\/p>\n

Article 214. Guarantees to ensure the employee\u2019s right to leave<\/span><\/p>\n

The employer is obliged:<\/span><\/p>\n

provide employees with holidays guaranteed by law;<\/span><\/p>\n

ensure that employees are provided with vacations of no less than the duration guaranteed by law;<\/span><\/p>\n

comply with the procedure for granting vacations;<\/span><\/p>\n

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.<\/span><\/p>\n

Article 215. Guarantees for the employee to retain his place of work (position) while on vacation<\/span><\/p>\n

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.<\/span><\/p>\n

The rules provided for in part one of this article regarding the retention of the employee\u2019s 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:<\/span><\/p>\n

at the initiative of the employer in accordance with paragraph 1 of part two of Article 161 of this Code;<\/span><\/p>\n

for reasons not related to the employer\u2019s initiative.<\/span><\/p>\n

\u00a7 4. Annual leave<\/span><\/p>\n

Article 216. Concept and types of annual leave<\/span><\/p>\n

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.<\/span><\/p>\n

All employees, including part-time workers, have the right to annual leave.<\/span><\/p>\n

The types of annual leave are:<\/span><\/p>\n

main labor leave (annual basic minimum or annual basic extended);<\/span><\/p>\n

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.<\/span><\/p>\n

Article 217. Duration of the annual basic minimum labor leave<\/span><\/p>\n

The duration of the annual basic minimum labor leave is twenty-one calendar days.<\/span><\/p>\n

Article 218. Annual main extended leave<\/span><\/p>\n

Taking into account age and health status, annual basic extended leave is granted to:<\/span><\/p>\n

persons under eighteen years of age – thirty calendar days;<\/span><\/p>\n

for employees with disabilities of groups I and II – thirty calendar days.<\/span><\/p>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

Article 219. Annual additional leave<\/span><\/p>\n

Annual additional leave is provided to employees:<\/span><\/p>\n

employed at work in unfavorable working conditions in accordance with Article 481 of this Code;<\/span><\/p>\n

performing work in unfavorable natural and climatic conditions in accordance with Article 483 of this Code;<\/span><\/p>\n

having a long work experience in one organization or industry in accordance with Article 220 of this Code;<\/span><\/p>\n

in other cases provided for by law, collective agreements, as well as collective agreements, local acts, and employment contracts.<\/span><\/p>\n

Article 220. Annual additional labor leave for long work experience in one organization or industry<\/span><\/p>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

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 <\/span>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.<\/span><\/p>\n

Article 221. Calculation of the duration of annual labor leaves<\/span><\/p>\n

The duration of the annual main and additional labor leaves of employees is calculated in calendar days.<\/span><\/p>\n

Holidays and non-working days falling during the period of annual leave are not taken into account when determining the duration of leave.<\/span><\/p>\n

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.<\/span><\/p>\n

Article 222. The procedure for summing up annual main and additional labor leaves<\/span><\/p>\n

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.<\/span><\/p>\n

In all cases, when summing up vacations established by law, their duration for one working year cannot exceed fifty-six calendar days.<\/span><\/p>\n

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.<\/span><\/p>\n

Article 223. Cases of calculating the duration of annual leave in proportion to the time worked<\/span><\/p>\n

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\u2019s 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).<\/span><\/p>\n

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.<\/span><\/p>\n

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:<\/span><\/p>\n

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;<\/span><\/p>\n

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-<\/span>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.<\/span><\/p>\n

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.<\/span><\/p>\n

Article 224. The procedure for calculating the duration of annual leave in proportion to the time worked<\/span><\/p>\n

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.<\/span><\/p>\n

Article 225. Working year<\/span><\/p>\n

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.<\/span><\/p>\n

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\u2019s working year is shifted to the missing time.<\/span><\/p>\n

Article 226. Calculation of length of service giving the right to annual leave<\/span><\/p>\n

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:<\/span><\/p>\n

actual time worked during the working year;<\/span><\/p>\n

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;<\/span><\/p>\n

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;<\/span><\/p>\n

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;<\/span><\/p>\n

the period of suspension of the employee from work during an internal investigation, if its results do not confirm the employee\u2019s guilt in violating labor duties or the fact of violation of labor duties is not confirmed;<\/span><\/p>\n

the time of unpaid leave provided at the request of the employee, not exceeding two weeks during the working year;<\/span><\/p>\n

other periods of time provided for by collective agreements, as well as collective agreements and local acts, and the terms of the employment contract.<\/span><\/p>\n

The length of service that gives the right to annual basic leave does not include:<\/span><\/p>\n

the time the employee is absent from work without good reason;<\/span><\/p>\n

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;<\/span><\/p>\n

the time of parental leave provided for in parts one and two of Article 405 of this Code.<\/span><\/p>\n

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.<\/span><\/p>\n

Article 227. Procedure for granting annual leave for the first working year<\/span><\/p>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

Before the expiration of six months, annual leave at the request of the employee is granted:<\/span><\/p>\n

for women – before or after maternity leave;<\/span><\/p>\n

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);<\/span><\/p>\n

persons under eighteen years of age;<\/span><\/p>\n

former conscript military servicemen who entered work no later than three months after leaving the reserve;<\/span><\/p>\n

participants of the war of 1941 – 1945 and persons equal to them in terms of benefits;<\/span><\/p>\n

workers with disabilities of groups I and II;<\/span><\/p>\n

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;<\/span><\/p>\n

other employees in cases established by collective agreements, as well as collective agreements or local regulations.<\/span><\/p>\n

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.<\/span><\/p>\n

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, <\/span>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 .<\/span><\/p>\n

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.<\/span><\/p>\n

Article 228. Procedure for granting annual leave for the second and subsequent working years<\/span><\/p>\n

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.<\/span><\/p>\n

The vacation schedule is approved before the start of the calendar year by the employer in agreement with the trade union committee.<\/span><\/p>\n

The employee must be notified of the time of granting annual labor leave no later than fifteen days before the start of the leave.<\/span><\/p>\n

Annual labor leave, at the request of the employee, must be granted at a time convenient for him:<\/span><\/p>\n

for women – before or after maternity leave;<\/span><\/p>\n

an employee using parental leave before or after this leave;<\/span><\/p>\n

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);<\/span><\/p>\n

persons with disabilities of groups I and II;<\/span><\/p>\n

participants of the war of 1941 – 1945 and persons equal to them in terms of benefits;<\/span><\/p>\n

persons under eighteen years of age;<\/span><\/p>\n

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;<\/span><\/p>\n

persons awarded the badge \u201cHonorary Donor of the Republic of Uzbekistan\u201d;<\/span><\/p>\n

other employees in cases established by collective agreements, as well as a collective agreement or other local acts.<\/span><\/p>\n

Working men are granted annual leave at their request during the period of their wife’s maternity leave.<\/span><\/p>\n

The time for granting annual labor leave established by the schedule may be changed by agreement between the employee and the employer.<\/span><\/p>\n

Article 229. Extension of annual leave or transfer of it to another period<\/span><\/p>\n

Employees have the right to extend annual leave or transfer it to another date:<\/span><\/p>\n

in case of temporary disability;<\/span><\/p>\n

upon the arrival of maternity leave;<\/span><\/p>\n

when annual labor leave coincides with educational leave;<\/span><\/p>\n

when performing state or public duties, if the law provides for exemption from work for their implementation;<\/span><\/p>\n

in other cases provided for by collective agreements or collective agreement.<\/span><\/p>\n

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.<\/span><\/p>\n

The employee is obliged to notify the employer in writing of any reasons that have arisen that prevent the use of annual leave.<\/span><\/p>\n

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. of Article 233 of this Code. payment has been made for the duration of the vacation.<\/span><\/p>\n

Article 230. Transfer of part of the annual leave to the next working year<\/span><\/p>\n

Annual labor leave must be granted annually until the end of the working year for which it is granted.<\/span><\/p>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

Article 231. Dividing annual leave into parts<\/span><\/p>\n

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.<\/span><\/p>\n

Article 232. Recall of an employee from annual leave<\/span><\/p>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

Article 233. Payment to an employee of the average wage for the time he is on annual leave<\/span><\/p>\n

While on annual leave, the employee is guaranteed the preservation of his average salary, calculated in accordance with Article 257 of this Code.<\/span><\/p>\n

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.<\/span><\/p>\n

Article 234. Replacement of annual leave with monetary compensation<\/span><\/p>\n

Cash compensation is paid to the employee upon termination of the employment contract for all unused annual basic and additional labor leaves.<\/span><\/p>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

Article 235. Providing an employee with annual leave upon termination of an employment contract<\/span><\/p>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

\u00a7 5. Social holidays<\/span><\/p>\n

Article 236. The concept of social leave<\/span><\/p>\n

Social leaves are leaves granted to employees in order to create favorable conditions for maternity, childcare, education, and other social purposes.<\/span><\/p>\n

Article 237. Social leaves established by law<\/span><\/p>\n

In accordance with this Code, employees enjoy the right to receive the following social leave:<\/span><\/p>\n

on pregnancy and childbirth ( Article 404 of this Code);<\/span><\/p>\n

for child care ( parts one and two of Article 405 of this Code);<\/span><\/p>\n

study leave ( part one of Article 385 of this Code);<\/span><\/p>\n

sabbatical leave ( part one of Article 387 of this Code).<\/span><\/p>\n

Providing employees with social leave provided for in part one of this article does not depend on the length of the employee\u2019s work experience, the place and nature of the work he performs, or the legal form of the employer.<\/span><\/p>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

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).<\/span><\/p>\n

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.<\/span><\/p>\n

Article 238. Establishment of social leave by collective agreements or collective agreement or other legal acts on labor<\/span><\/p>\n

Collective agreements or a collective agreement or other legal acts on labor may provide for:<\/span><\/p>\n

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);<\/span><\/p>\n

increasing the duration of social leave compared to their duration established by law.<\/span><\/p>\n

Collective agreements or a collective agreement 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.<\/span><\/p>\n

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.<\/span><\/p>\n

Article 239. Grounds for granting and features of the employee\u2019s use of social leave<\/span><\/p>\n

The basis for granting an employee social leave is the occurrence of those circumstances with which legislation, collective agreements or a collective agreement or other legal acts on labor link the employee\u2019s right to such leave. If these circumstances exist, the employer is obliged to provide the employee with social leave.<\/span><\/p>\n

For the duration of all social leaves, regardless of whether they are established by law or provided for by collective agreements or a collective agreement or other legal acts on labor, the employee retains his previous job (position).<\/span><\/p>\n

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.<\/span><\/p>\n

\u00a7 6. Leave with partial pay and without pay<\/span><\/p>\n

Article 240. Leave with partial pay<\/span><\/p>\n

Collective agreements or a collective agreement 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.<\/span><\/p>\n

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\u2019s consent to be granted such leave is expressed by submitting a written application to the employer.<\/span><\/p>\n

Collective agreements or a collective agreement 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.<\/span><\/p>\n

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 or a collective agreement 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.<\/span><\/p>\n

Article 241. Concept and general procedure for granting leave without pay<\/span><\/p>\n

Leave without pay means unpaid leave with the employee retaining his place of work (position).<\/span><\/p>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

Article 242. Mandatory provision of leave without pay at the request of an employee<\/span><\/p>\n

Leave without pay is mandatory at the request of the employee:<\/span><\/p>\n

participants of the war of 1941 – 1945 and persons equal to them in terms of benefits – up to fourteen calendar days annually;<\/span><\/p>\n

persons with disabilities of groups I and II – up to fourteen calendar days annually;<\/span><\/p>\n

one of the parents (guardian), grandmother, grandfather or other relative actually caring for a child aged two to three years;<\/span><\/p>\n

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;<\/span><\/p>\n

other employees in cases provided for by law and other legal acts on labor, as well as the terms of the employment contract.<\/span><\/p>\n

Chapter 15. Remuneration<\/span><\/p>\n

\u00a7 1. General conditions of remuneration<\/span><\/p>\n

Article 243. Concepts of remuneration and wages<\/span><\/p>\n

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.<\/span><\/p>\n

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).<\/span><\/p>\n

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.<\/span><\/p>\n

Article 244. Basic guarantees in the field of remuneration of workers<\/span><\/p>\n

Labor legislation provides for the following basic guarantees in the field of remuneration of workers:<\/span><\/p>\n

prohibition of wage discrimination;<\/span><\/p>\n

ensuring equal pay for men and women for work of equal value;<\/span><\/p>\n

establishing a minimum wage;<\/span><\/p>\n

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;<\/span><\/p>\n

limitation of remuneration in kind;<\/span><\/p>\n

regulation of requirements for the procedure and timing of payment of wages;<\/span><\/p>\n

establishment of guaranteed wages for work in conditions deviating from normal working conditions (work overtime, on weekends and non-working holidays, at night);<\/span><\/p>\n

ensuring that the employee receives wages in the event of termination of the employer\u2019s activities and his insolvency in accordance with parts six and seven of Article 100 of this Code;<\/span><\/p>\n

establishment of state wage rates for employees of budgetary organizations;<\/span><\/p>\n

limiting the amount of deductions from an employee\u2019s salary;<\/span><\/p>\n

prohibition of restricting an employee\u2019s free disposal of earned funds, except in cases established by law;<\/span><\/p>\n

ensuring timely payment of wages to employees.<\/span><\/p>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

The wage conditions determined by the collective agreement and local acts cannot be worsened in comparison with those determined by the collective agreement.<\/span><\/p>\n

Article 245. Establishment of the minimum wage<\/span><\/p>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

Article 246. Establishment of conditions and amount of remuneration<\/span><\/p>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

The amount of remuneration is not limited to any maximum.<\/span><\/p>\n

Article 247. Changes in wage conditions<\/span><\/p>\n

The terms of remuneration are changed in the same order in which they are established.<\/span><\/p>\n

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:<\/span><\/p>\n

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;<\/span><\/p>\n

in other cases in accordance with the law.<\/span><\/p>\n

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.<\/span><\/p>\n

Article 248. Salary structure<\/span><\/p>\n

The salary consists of the main (basic) and additional (variable) parts.<\/span><\/p>\n

The main (basic) part of the salary is established on the basis of the current employer\u2019s 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).<\/span><\/p>\n

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.<\/span><\/p>\n

Article 249. Remuneration system and procedure for its establishment<\/span><\/p>\n

The remuneration system is a way of establishing the dependence of the amount of workers\u2019 wages on the quantity and quality of work, their individual and collective results.<\/span><\/p>\n

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.<\/span><\/p>\n

An organization may use several remuneration systems for certain categories of employees or structural divisions.<\/span><\/p>\n

Workers are paid on a time-based, piece-rate basis or according to other criteria provided for by the remuneration system.<\/span><\/p>\n

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.<\/span><\/p>\n

Systems and types of remuneration for employees of budgetary organizations are determined by law.<\/span><\/p>\n

Article 250. Tariff system of remuneration<\/span><\/p>\n

The tariff system of remuneration is a system of remuneration based on a tariff system of differentiation of wages for workers of different categories.<\/span><\/p>\n

The tariff system includes: tariff schedule, tariff rates (salaries), tariff categories, tariff coefficients.<\/span><\/p>\n

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.<\/span><\/p>\n

The tariff category is a value that reflects the complexity of the work and the level of qualifications of the employee.<\/span><\/p>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

The qualification category is a value that reflects the level of professional training of an employee.<\/span><\/p>\n

Tariffication<\/span> of work is the assignment of types of labor to tariff categories or qualification categories depending on the complexity of the work.<\/span><\/p>\n

The complexity of the work performed is determined based on their pricing.<\/span><\/p>\n

Tariffication<\/span> of work and assignment of tariff categories to employees are carried out taking into account professional standards.<\/span><\/p>\n

Article 251. Tariff-free wage system<\/span><\/p>\n

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.<\/span><\/p>\n

The criteria and standards for assessing an employee\u2019s 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.<\/span><\/p>\n

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.<\/span><\/p>\n

Article 252. Incentive payments<\/span><\/p>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

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\u2019s achievement of pre-established indicators and conditions, but in connection with the occurrence of certain events (anniversaries, holidays, etc.) or the employee\u2019s performance of <\/span>certain actions (fulfillment of a particularly important order of the employer, implementation of an innovation proposal, etc.).<\/span><\/p>\n

An allowance is a monetary payment made for an employee\u2019s 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.).<\/span><\/p>\n

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\u2019s 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).<\/span><\/p>\n

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.<\/span><\/p>\n

The procedure and conditions for applying incentive payments in budgetary organizations are established by law.<\/span><\/p>\n

Article 253. Terms of payment of wages<\/span><\/p>\n

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 in the amount of the rest) with a break, as a rule, no more than sixteen days.<\/span><\/p>\n

The Cabinet of Ministers of the Republic of Uzbekistan may determine certain categories of workers whose wages are paid once a month.<\/span><\/p>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

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\u2019s wages.<\/span><\/p>\n

The employer bears financial liability to the employee for delay in payment of wages in the amount established by Article 333 of this Code.<\/span><\/p>\n

Article 254. Calculation terms upon termination of an employment contract<\/span><\/p>\n

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, <\/span>then the corresponding amounts must be paid no later than three days after this employee submits a request for payment.<\/span><\/p>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

Article 255. Issuance of wages not received by the day of the employee\u2019s death<\/span><\/p>\n

Wages not received by the day of the employee\u2019s 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\u2019s death certificate and the presentation of its original.<\/span><\/p>\n

Article 256. Forms and place of payment of wages<\/span><\/p>\n

Salaries are paid in national currency (sums).<\/span><\/p>\n

Exceptions to the rule provided for in part one of this article may be established by law.<\/span><\/p>\n

Payment of wages in the form of promissory notes, receipts, coupons is prohibited.<\/span><\/p>\n

Payment in kind is prohibited, except in cases established by the Cabinet of Ministers of the Republic of Uzbekistan.<\/span><\/p>\n

Payment of wages to an employee is made, as a rule, directly at the place where he performs the work.<\/span><\/p>\n

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.<\/span><\/p>\n

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\u2019s authorized representative.<\/span><\/p>\n

Article 257. Average wages and the procedure for calculating them<\/span><\/p>\n

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).<\/span><\/p>\n

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.<\/span><\/p>\n

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 <\/span>it<\/span> one-twelfth of the amount of allowances, bonuses <\/span>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.<\/span><\/p>\n

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 <\/span>it<\/span> 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.<\/span><\/p>\n

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.<\/span><\/p>\n

When calculating the average salary, time is excluded from the calculation period, as well as amounts accrued during this time, if:<\/span><\/p>\n

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;<\/span><\/p>\n

the employee received temporary disability benefits or maternity benefits;<\/span><\/p>\n

the employee did not work due to downtime for reasons beyond the control of the employer and employee;<\/span><\/p>\n

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;<\/span><\/p>\n

the employee was released from work with full or partial retention of wages or without payment in other cases established by law.<\/span><\/p>\n

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 .<\/span><\/p>\n

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.<\/span><\/p>\n

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, 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.<\/span><\/p>\n

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).<\/span><\/p>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

When tariffs are revised in the billing period, the average monthly salary is subject to recalculation taking into account the changed tariff.<\/span><\/p>\n

\u00a7 2. Special conditions of remuneration<\/span><\/p>\n

Article 258. Remuneration for reduced and part-time working hours<\/span><\/p>\n

The wages of employees working under conditions of reduced working hours are paid in full, established for normal working hours.<\/span><\/p>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

Article 259. Remuneration for combining professions (positions), expanding the service area and increasing the volume of work<\/span><\/p>\n

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\u2019s salary for the main position for:<\/span><\/p>\n

employees of organizations not financed from the budget – in the amount of wages for work actually performed in combined professions (positions);<\/span><\/p>\n

employees of budgetary organizations – in the amount of no more than fifty percent of the tariff rate (salary) for the combined position.<\/span><\/p>\n

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.<\/span><\/p>\n

Article 260. Remuneration for work of various qualifications<\/span><\/p>\n

When an employee with a time wage performs work of various qualifications, his work is paid for work of a higher qualification.<\/span><\/p>\n

When an employee with piecework wages performs work of various qualifications, his work is paid according to the rates of the work he performs.<\/span><\/p>\n

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.<\/span><\/p>\n

Article 261. Remuneration for development of new industries (products)<\/span><\/p>\n

A collective agreement or employment contract may provide for the retention of the employee\u2019s previous salary for the period of development of a new production (product).<\/span><\/p>\n

Article 262. Payment for overtime work<\/span><\/p>\n

Overtime work is paid no less than double the amount.<\/span><\/p>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

Article 263. Remuneration for work on weekends or non-working holidays<\/span><\/p>\n

Work on a weekend or a non-working holiday is paid no less than double the amount:<\/span><\/p>\n

for piece workers – no less than double piece rates;<\/span><\/p>\n

employees whose work is paid at daily and hourly tariff rates – in the amount of at least double the daily or hourly tariff rate;<\/span><\/p>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

Article 264. Remuneration for work at night<\/span><\/p>\n

Remuneration for night work is made at least one and a half times the following:<\/span><\/p>\n

with a time-based wage system – using a coefficient of 1.5 or more for each hour of work at night;<\/span><\/p>\n

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.<\/span><\/p>\n

Increased pay for night work is not included in tariff rates (salaries).<\/span><\/p>\n

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.<\/span><\/p>\n

Article 265. Remuneration for non-compliance with labor standards, labor (official) duties<\/span><\/p>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

Article 266. Payment for downtime<\/span><\/p>\n

Downtime (temporary suspension of work for reasons of an economic, technological, technical or organizational nature) due to the fault of the employer is paid in the amount of the employee\u2019s average salary.<\/span><\/p>\n

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.<\/span><\/p>\n

Downtime caused by the employee is not paid.<\/span><\/p>\n

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.<\/span><\/p>\n

Article 267. Remuneration for labor in the manufacture of products that turned out to be defective<\/span><\/p>\n

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.<\/span><\/p>\n

Partial defects due to the fault of the employee are paid at reduced rates depending on the degree of suitability of the product.<\/span><\/p>\n

Complete defects caused by the employee are not subject to payment.<\/span><\/p>\n

Article 268. Peculiarities of remuneration for certain categories of workers<\/span><\/p>\n

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

\u00a7 3. Deductions from wages<\/span><\/p>\n

Article 269. Limitation of deductions from wages<\/span><\/p>\n

Deductions from wages are possible, as a general rule, with the written consent of the employee, and in the absence of the employee\u2019s consent, in accordance with part two of this article.<\/span><\/p>\n

Regardless of the written consent of the employee, deductions are made:<\/span><\/p>\n

1) taxes and fees;<\/span><\/p>\n

2) for the execution of court decisions and other executive documents determined by the Law of the Republic of Uzbekistan \u201cOn the execution of judicial acts and acts of other bodies\u201d, as well as the legal requirements of authorized bodies;<\/span><\/p>\n

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;<\/span><\/p>\n

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;<\/span><\/p>\n

5) the fine provided for in paragraph 2 of part one of Article 312 of this Code.<\/span><\/p>\n

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;<\/span><\/p>\n

See previous edition.<\/span><\/p>\n

7) in other cases provided for by law.<\/span><\/p>\n

(Part two of Article 269 was supplemented by paragraph 7 by the Law of the Republic of Uzbekistan dated July 2, 2024 No. ZRU-934 – National Legislation Database, 07\/04\/2024, No. 03\/24\/934\/0469)<\/span><\/p>\n

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.<\/span><\/p>\n

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:<\/span><\/p>\n

counting error;<\/span><\/p>\n

if the body for the consideration of individual labor disputes recognizes the employee\u2019s guilt in failure to comply with labor standards;<\/span><\/p>\n

wages were overpaid to the employee due to his unlawful actions (inaction) established by the court.<\/span><\/p>\n

Deductions cannot be made from payments that, in accordance with the Tax Code of the Republic of Uzbekistan, are not subject to taxation.<\/span><\/p>\n

Article 270. Limitation on the amount of deductions from wages<\/span><\/p>\n

The total amount of all deductions from wages for each payment cannot exceed fifty percent of the wages actually accrued to the employee.<\/span><\/p>\n

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.<\/span><\/p>\n

Article 271. Disposal of wages made at the request of the employee<\/span><\/p>\n

At the request of the employee, wages or a certain part thereof in the amounts and within the time periods specified in the employee\u2019s written application may be sent to creditors to pay for loans, credits, utilities and other expenses received from bank institutions.<\/span><\/p>\n

In the cases specified in part one of this article, the restrictions provided for in Article 270 of this Code do not apply.<\/span><\/p>\n

Chapter 16. Labor rationing<\/span><\/p>\n

Article 272. The concept of labor regulation<\/span><\/p>\n

Labor rationing is the establishment of balanced relationships between the results of labor and the measure of its payment, which allows, in the conditions of a given production, to determine the maximum allowable amount of time for performing a specific job or operation, as well as to determine the optimal ratio between the number of workers of various categories (groups) and the amount of equipment.<\/span><\/p>\n

Article 273. Types of labor standards<\/span><\/p>\n

Types of labor standards are:<\/span><\/p>\n

standard time – the amount of working time required to perform a unit of specific work (one product, one operation) by one employee or group of employees of the appropriate number and qualifications in the most rational organizational and technical conditions for a given organization. It is calculated, as a rule, in standard hours, man-hours, man-minutes, seconds;<\/span><\/p>\n

production rate – the amount of work that must be performed per unit of time in certain organizational and technical conditions by one employee or group of employees of the appropriate number and qualifications under certain organizational and technical conditions during a shift;<\/span><\/p>\n

standard number of employees – the number of employees of a certain professional and qualification composition required to fulfill a production task in certain organizational and technical conditions;<\/span><\/p>\n

standard of service – a specified number of pieces of equipment, areas of territory and facilities for the provision of services, which must be serviced by one employee or group of employees of the appropriate number and qualifications under certain organizational and technical conditions during a shift;<\/span><\/p>\n

the norm for the introduction of individual positions is the number of employees established for budgetary organizations by the relevant government body required to perform individual tasks and functions of the organization;<\/span><\/p>\n

controllability norm – the number of employees who must be directly subordinate to one manager;<\/span><\/p>\n

qualification standard – the required level of qualification (knowledge, abilities, skills) for an employee to perform a labor function;<\/span><\/p>\n

state professional standards (standards of professional activity) – characteristics of the qualifications necessary for an employee to carry out a certain type of professional activity, including the performance of a certain job function;<\/span><\/p>\n

other standards determining the necessary labor costs.<\/span><\/p>\n

In conditions of collective forms of organization and remuneration, aggregated labor standards established for a specific volume of production, a technological process as a whole or a certain volume of work (services), as well as complex labor standards established according to the final aggregated meter (cubic meter, square meter, thousand units of production and others), characterizing a complex of interrelated works, calculated on the basis of accepted labor standards.<\/span><\/p>\n

Labor standards must be determined in such a way that, during full working time, an appropriately qualified employee is able to fully perform the labor function stipulated by the employment contract.<\/span><\/p>\n

For homogeneous work, the Ministry of Employment and Labor Relations of the Republic of Uzbekistan approves standard (<\/span>sectoral<\/span>, <\/span>intersectoral<\/span>, professional and other) labor standards.<\/span><\/p>\n

Article 274. Development, introduction, replacement and revision of labor standards<\/span><\/p>\n

The development of labor standards is carried out by the employer on the basis of an analysis of labor costs for employees to perform labor functions in specific organizational and technological working conditions.<\/span><\/p>\n

When developing labor standards, the following must be ensured:<\/span><\/p>\n

the quality of labor standards, their optimal approximation to the necessary labor costs;<\/span><\/p>\n

establishing the same labor standards for the same work performed in similar organizational and technical conditions;<\/span><\/p>\n

progressiveness of labor standards based on the achievements of science and technology;<\/span><\/p>\n

coverage by labor standards of those types of work for which it is possible and advisable to establish labor standards;<\/span><\/p>\n

technical (scientific) validity of labor standards.<\/span><\/p>\n

The introduction, replacement and revision of labor standards are determined in the collective agreement, and in the absence of a collective agreement, they are carried out by the employer in agreement with the trade union committee.<\/span><\/p>\n

The employee must be warned about the introduction, replacement and revision of labor standards in advance, at least two months before the day of their introduction, replacement, revision.<\/span><\/p>\n

Labor standards can be replaced and revised as workplaces are rationalized, new equipment, technology and organizational and technical measures are introduced to ensure an increase in labor productivity.<\/span><\/p>\n

Achieving a high level of production (provision of services) by individual workers or their collective structures (teams) through the use of new techniques and methods of work and improvement of workplaces on their own initiative is not a basis for revising previously established labor standards.<\/span><\/p>\n

Replacement and revision of standard labor standards are carried out in the manner established for their development and approval.<\/span><\/p>\n

Article 275. Validity periods of labor standards<\/span><\/p>\n

Labor standards can be permanent – established for an indefinite period and valid until they are replaced and revised in accordance with Article 274 of this Code, and temporary – established for the period of mastering the production of products, equipment, technology or organization of production and labor for a period of up to three months. After the expiration of the specified period, temporary norms are subject to replacement by permanent ones.<\/span><\/p>\n

In some cases, the validity period of temporary standards may be extended by the employer in agreement with the trade union committee.<\/span><\/p>\n

When changing technology, performing work associated with the risk of accidents and incidents, as well as performing other similar work of a one-time nature, labor standards are determined in each specific case for the period of performance of the relevant work.<\/span><\/p>\n

Article 276. Obligations of the employer to provide the necessary working conditions to comply with labor standards<\/span><\/p>\n

The employer is obliged to provide the necessary conditions for compliance with labor standards. These conditions include:<\/span><\/p>\n

good condition of the building, structures, machines, technological equipment and other equipment;<\/span><\/p>\n

timely provision of technical and other documentation necessary for work;<\/span><\/p>\n

proper quality of materials, tools, other means and items necessary to perform the work stipulated by the employment contract, their timely provision to the employee;<\/span><\/p>\n

working conditions that meet labor protection and production safety requirements.<\/span><\/p>\n

Article 277. Determination of prices for a piecework wage system<\/span><\/p>\n

With a piece-rate wage system, prices are determined based on established grades of work, grades of remuneration, tariff rates (salaries) and production standards (time standards).<\/span><\/p>\n

The piece rate is determined by dividing the daily tariff rate or hourly tariff rate corresponding to the category of work performed by the daily or hourly production rate. The piece rate can also be determined by multiplying the daily tariff rate or hourly tariff rate corresponding to the category of work performed by the established daily or hourly time standard.<\/span><\/p>\n

The daily tariff rate (salary) or hourly tariff rate is determined by dividing the monthly tariff rate or official salary corresponding to the wage category by the monthly standard of working days or working hours.<\/span><\/p>\n

Article 278. Establishment of standardized tasks and service standards<\/span><\/p>\n

With a time-based wage system, in order to fulfill standardized tasks, including individual functions and the amount of work, standards for service and the number of employees can be established for employees.<\/span><\/p>\n

When establishing standardized tasks and service standards in specific production conditions, labor cost standards per unit of production, standards for the number of employees, planned working time funds and other data are used.<\/span><\/p>\n

The establishment of service standards and standards for the introduction of positions in budgetary organizations is carried out by the authorized government body in agreement with the Ministry of Employment and Labor Relations of the Republic of Uzbekistan, as well as the relevant industry trade union.<\/span><\/p>\n

Chapter 17. Guarantee and compensation payments<\/span><\/p>\n

\u00a7 1. Guarantee payments and guarantee additional payments<\/span><\/p>\n

Article 279. Concepts of guarantee payments and guarantee additional payments<\/span><\/p>\n

Guarantee payments are cash payments in the amount of the average wage or tariff rate (salary) for the time during which the employee, in accordance with this Code and other acts of legislation, was released from performing labor duties or was deprived of the opportunity to work against his will.<\/span><\/p>\n

Guaranteed additional payments are amounts of money paid to an employee in order to maintain his average salary in cases established by this Code and labor legislation, when the employee, for certain reasons, could not perform his job duties in full.<\/span><\/p>\n

Article 280. Obligation of the employer to make guarantee payments to the employee<\/span><\/p>\n

The employer is obliged to make guarantee payments for the period:<\/span><\/p>\n

employee participation in collective negotiations, preparation of a draft collective agreement;<\/span><\/p>\n

fulfillment of duties for the representation and protection of the interests of employees by persons who are representatives of employees and are not exempt from production work;<\/span><\/p>\n

participation in the work of the labor dispute commission of a member of this commission;<\/span><\/p>\n

removal of an employee from work if he was suspended due to failure to undergo training and testing of knowledge and skills in the field of labor protection or mandatory medical examination through no fault of his own;<\/span><\/p>\n

removal of an employee from work in connection with an internal investigation against him;<\/span><\/p>\n

the employee is on annual leave;<\/span><\/p>\n

downtime and defects caused by the employer;<\/span><\/p>\n

failure to comply with labor standards, failure to fulfill labor (official) duties through the fault of the employer;<\/span><\/p>\n

transfer to an easier job or one that excludes exposure to adverse production factors due to health reasons in accordance with Article 364 of this Code;<\/span><\/p>\n

performance by an authorized person for labor protection of the functions assigned to him;<\/span><\/p>\n

the employee is on a business trip;<\/span><\/p>\n

the employee moves with his consent together with the employer or at the employer\u2019s suggestion to another location for the time necessary for the employee to move and settle in a new place, but not more than six working days;<\/span><\/p>\n

the employee undergoes mandatory retraining or mandatory advanced training for him and the employer while away from work;<\/span><\/p>\n

the employee is on study leave;<\/span><\/p>\n

the employee is on sabbatical leave;<\/span><\/p>\n

employment upon termination of an employment contract for certain reasons;<\/span><\/p>\n

employees undergoing mandatory medical examinations;<\/span><\/p>\n

transferring a pregnant woman to an easier job or one that excludes exposure to adverse production factors;<\/span><\/p>\n

transfer of one of the parents (guardian) caring for a child under two years of age to an easier job or one that excludes the impact of adverse production factors;<\/span><\/p>\n

forced absenteeism of an employee caused by an illegal refusal to hire, illegal transfer of an employee to another job, illegal removal of an employee from work, illegal termination of an employment contract, as well as failure to comply with the decision of the body for the consideration of individual labor disputes on the reinstatement of the employee to his previous job.<\/span><\/p>\n

In addition to the guarantee payments provided for in part one of this article, the employer is obliged to make other guarantee payments to employees established by this Code, legislation, collective agreements, collective agreements, as well as local acts adopted by the employer in agreement with the trade union committee, labor contract.<\/span><\/p>\n

Article 281. Obligation of the employer to make guarantee additional payments to the employee<\/span><\/p>\n

The employer is obliged to make the following guarantee additional payments to the employee:<\/span><\/p>\n

pay the employee at least two-thirds of the tariff rate (salary), calculated in proportion to downtime during downtime for reasons beyond the control of the employer and employee;<\/span><\/p>\n

retain for the employee at least two-thirds of the tariff rate (salary), calculated in proportion to the actual time worked in the event of the employee\u2019s failure to comply with labor standards, <\/span>failure to fulfill labor (official) duties for reasons beyond the control of the employer and employee;<\/span><\/p>\n

make additional payments to the employee for night work;<\/span><\/p>\n

pay increased amounts for work on weekends, public holidays and overtime;<\/span><\/p>\n

make additional payments to employees for whom reduced working hours are established, up to the amount of remuneration provided for employees of the corresponding categories working full time;<\/span><\/p>\n

upon termination of an employment contract on certain grounds provided for by this Code, pay severance pay in the amount established by part three of Article 173 of this Code;<\/span><\/p>\n

pay temporary disability benefits in the amount of average earnings or part thereof in the manner prescribed by law.<\/span><\/p>\n

In addition to the guarantee additional payments provided for in part one of this article, the employer is obliged to make other guarantee additional payments to employees established by this Code, legislation, collective agreements, collective agreements, as well as local acts adopted by the employer in agreement with the trade union committee and the employment contract.<\/span><\/p>\n

Article 282. Guarantee payments when employees perform state or public duties<\/span><\/p>\n

The employer is obliged to release the employee from work while maintaining his place of work (position) and average salary for the duration of the performance of state or public duties:<\/span><\/p>\n

when exercising the right to vote;<\/span><\/p>\n

when performing deputy duties, as well as the duties of a member of the Senate of the <\/span>Oliy<\/span> Majlis<\/span> of the Republic of Uzbekistan, exercising his powers without interruption from production or official activities;<\/span><\/p>\n

with participation in the work of a medical and social expert commission;<\/span><\/p>\n

when performing military duties;<\/span><\/p>\n

when summoned to the body carrying out the pre-investigation check, to the inquirer, investigator, prosecutor or to the court as witnesses, victims, experts, specialists, translators, witnesses;<\/span><\/p>\n

when participating in court hearings as people’s assessors, public prosecutors and public defenders, representatives of public associations and labor collectives;<\/span><\/p>\n

with participation in the activities of the Commission for the Observance of Constitutional Rights and Human Freedoms under the Commissioner of the <\/span>Oliy<\/span> Majlis<\/span> of the Republic of Uzbekistan for Human Rights (Ombudsman);<\/span><\/p>\n

when an employee performs actions in the interests of the state and society (liquidation of the consequences of an accident, natural disasters, saving a person\u2019s life, donating blood and its components, as well as in other cases);<\/span><\/p>\n

in other cases provided for by law, decrees and resolutions of the President of the Republic of Uzbekistan, resolutions of the Cabinet of Ministers of the Republic of Uzbekistan.<\/span><\/p>\n

Article 283. Guarantee payments to employees in case of donation of blood and its components<\/span><\/p>\n

The employer is obliged to freely release employees to health care institutions on the day of the medical examination and on the day of donating blood and its components.<\/span><\/p>\n

If, by agreement with the employer, the employee went to work on the day of donating blood and its components (except for work with harmful and (or) dangerous working conditions, when the employee cannot go to work on this day), he is given another day at his request. recreation.<\/span><\/p>\n

In the case of donating blood and its components during the period of annual leave, on a weekend or a non-working holiday, the employee, at his request, is given another day of rest.<\/span><\/p>\n

Employees who are donors are given a day of rest immediately after each day of donating blood and its components. At the request of the employee, this day is added to the annual leave or can be used at another time within a year after the day of donation of blood and its components.<\/span><\/p>\n

During the period of release from work on the day of medical examination and donation of blood and its components, as well as on days of rest, the employee retains the average salary.<\/span><\/p>\n

Confirmation of the fact of donation, including undergoing a medical examination and directly donating blood and its components, is carried out on the basis of a certificate or other document issued by the blood service.<\/span><\/p>\n

Article 284. Sources of financing guarantee payments<\/span><\/p>\n

Guarantee payments provided for in Article 280 of this Code are made at the expense of the employer.<\/span><\/p>\n

\u00a7 2. Compensation payments<\/span><\/p>\n

Article 285. Concept of compensation payments<\/span><\/p>\n

Compensation payments are monetary payments established for the purpose of reimbursing employees for costs associated with the performance of their labor or other duties, in cases provided for by labor legislation and other legal acts on labor.<\/span><\/p>\n

Article 286. Obligation of the employer to make compensation payments to the employee<\/span><\/p>\n

The employer is obliged to compensate the employee for costs associated with the employee\u2019s performance of labor duties:<\/span><\/p>\n

on business trips;<\/span><\/p>\n

during traveling and mobile nature of work, as well as when working in field conditions and on a rotational basis;<\/span><\/p>\n

when moving to work in another area by prior agreement with the employer;<\/span><\/p>\n

during professional training, retraining, advanced training and internship in the direction of the employer;<\/span><\/p>\n

in the event of temporary disability of an employee as a result of an accident at work or an occupational disease;<\/span><\/p>\n

in connection with the employee undergoing a mandatory medical examination;<\/span><\/p>\n

for unused annual labor leave by the employee in accordance with parts one and two of Article 234 of this Code;<\/span><\/p>\n

in connection with the replacement of the employee\u2019s warning period about termination of the employment contract at the employer\u2019s initiative with commensurate monetary compensation.<\/span><\/p>\n

In addition to the compensation payments provided for in part one of this article, the employer is obliged to make other compensation payments to employees established by labor legislation, collective agreements, collective agreements, as well as local acts adopted by the employer in agreement with the trade union committee and labor contract.<\/span><\/p>\n

Article 287. Compensation payments for business trips<\/span><\/p>\n

A business trip is a trip by an employee, by order of the employer, for a certain period of time to another location to carry out an official assignment outside the place of permanent work. Business trips of employees whose permanent work is mobile or traveling in nature are not business trips.<\/span><\/p>\n

If sent on a business trip, the employer is obliged to compensate the employee for:<\/span><\/p>\n

travel expenses;<\/span><\/p>\n

expenses for renting residential premises;<\/span><\/p>\n

additional expenses associated with living outside the place of permanent residence (per diem);<\/span><\/p>\n

other expenses incurred by the employee with the permission or knowledge of the employer.<\/span><\/p>\n

The amount of reimbursement for expenses related to business trips is determined by a collective agreement or a local act adopted by the employer in agreement with the trade union committee. In this case, the amount of compensation cannot be lower than the amount established by the Cabinet of Ministers of the Republic of Uzbekistan for organizations financed from the budget.<\/span><\/p>\n

Article 288. Compensation payments for traveling and mobile work, as well as for work in the field and on a rotational basis<\/span><\/p>\n

For work of a traveling nature, an allowance is established in the following minimum amounts:<\/span><\/p>\n

in cases where the trip from the location of the organization to the place of work (facility) and back per day is at least three hours and is carried out outside working hours – in the amount of up to eighty percent inclusive, and less than three hours – up to forty percent inclusive, of the amount established by law daily allowance standards;<\/span><\/p>\n

when traveling related to the performance of work <\/span>en<\/span> route – one and a half percent, and for employees servicing passenger trains, postal and baggage trains, dining cars (caf\u00e9-buffets) in passenger trains and postal cars – three percent of the monthly tariff rate (salary) for every day of travel;<\/span><\/p>\n

employees, if they are traveling twelve or more days a month – up to twenty percent of the daily allowance established by law, and if less than twelve days a month – up to fifteen percent of the monthly tariff rate (salary) per day of work in traveling conditions .<\/span><\/p>\n

For work of a mobile nature, an allowance is established in the following minimum amounts:<\/span><\/p>\n

on days spent at remote sites – up to thirty percent of the employee\u2019s daily wage for each fully worked day (shift);<\/span><\/p>\n

on days on the way to the location of the facility and back – in the amount of the employee\u2019s daily tariff rate.<\/span><\/p>\n

For work in field conditions, field pay is paid in an amount not less than:<\/span><\/p>\n

seven percent of the minimum wage per day – when working in field conditions directly at field work sites, outside the organization\u2019s field base camp;<\/span><\/p>\n

two percent of the minimum wage per day – for work performed in field base camps of organizations.<\/span><\/p>\n

For work on a rotational basis, a premium is set at no less than fifty percent of the minimum wage per month.<\/span><\/p>\n

A collective agreement or local act agreed upon with the trade union committee, or an agreement between the employee and the employer, may establish higher amounts of compensation than those provided for in parts two , three and four of this article. In this case, payments exceeding the amounts established by this article are subject to taxation in accordance with tax legislation.<\/span><\/p>\n

Article 289. Compensation payments when an employee moves to work in another area<\/span><\/p>\n

Employees who move, by prior agreement with the employer, to work in another area, as well as graduates of educational organizations who are assigned a workplace outside their area of \u200b\u200bresidence, are compensated for:<\/span><\/p>\n

the cost of travel for the employee and his family members (husband, wife, dependent family members living with them) in the amount of the actual costs of purchasing travel tickets;<\/span><\/p>\n

expenses for transporting property by rail or road transport in an amount of up to five hundred kilograms for the employee himself and a total of up to five hundred kilograms for family members moving with him;<\/span><\/p>\n

daily allowance for each day of travel in the amount provided for business trips;<\/span><\/p>\n

expenses for hiring (renting) housing, if the moving employee does not have his own housing in the given area and the employer has not provided the employee and his family members with appropriate housing;<\/span><\/p>\n

a one-time allowance (raising) in the amount of the monthly tariff rate (salary) for the new place of work, as well as one third of the tariff rate (salary) of the moving employee for each member of his family moving with him, provided that these family members move within twelve months from the day the employee is provided with separate housing.<\/span><\/p>\n

If an employee fails to show up for work in another location, as well as if the employee does not start work without a valid reason within the time period established by the employment contract, as well as if the employment contract with the employee was terminated on his initiative or on the initiative of the employer on grounds, related to the guilty actions (inaction) of the employee, the employee (graduate) is obliged to return the funds received.<\/span><\/p>\n

If the employee did not start work or terminated the employment contract before the expiration of one year from the date of commencement of work for a valid reason (illness that prevents the continuation of work, the need to care for dependent persons living outside the area in which the place of work is located, and others) , then he is obliged to return the funds received to the employer, with the exception of the cost of travel.<\/span><\/p>\n

A collective agreement or local act, approved by the employer in agreement with the trade union committee, may establish higher payments for employees moving to work in another area than those provided for in part one of this article.<\/span><\/p>\n

Article 290. Compensation payments for employees during professional training, retraining, advanced training and internship at the direction of the employer<\/span><\/p>\n

If the professional training, retraining, advanced training and internship of an employee in the direction of the employer requires moving to another area, the employee is reimbursed for travel expenses to and from the place of training, as well as for renting housing.<\/span><\/p>\n

A collective agreement or local act, approved by the employer in agreement with the trade union committee, may establish compensation payments for living outside the place of residence (daily allowances) for employees sent for vocational training, retraining, advanced training and internship.<\/span><\/p>\n

Article 291. Compensation for expenses in the event of temporary disability of an employee as a result of an industrial accident or occupational disease<\/span><\/p>\n

If temporary disability occurs as a result of an industrial accident or occupational disease, along with the payment of temporary disability benefits to the employee, the employer reimburses the employee\u2019s expenses for medical, social and professional rehabilitation in the amount of no less than the actual expenses incurred, confirmed by relevant documents (checks, certificates, etc.) .<\/span><\/p>\n

Article 292. Compensation for expenses associated with an employee undergoing a mandatory medical examination<\/span><\/p>\n

Compensation for expenses associated with an employee undergoing a mandatory medical examination, regardless of whether it is preliminary (upon hiring) or periodic (during work) is carried out at the expense of the employer.<\/span><\/p>\n

Article 293. Compensation for expenses when using property owned by an employee in the interests of the employer<\/span><\/p>\n

When using in the course of work, with the consent of the employer, property owned by the employee or leased by him from third parties, depreciation (wear and tear) of vehicles and the costs of their operation, as well as depreciation (wear and tear) of tools, other technical means or other property are subject to compensation from the employer. . The amount and procedure for reimbursement of these expenses are determined by agreement between the employee and the employer.<\/span><\/p>\n

Article 294. Sources of financing compensation payments<\/span><\/p>\n

Sources of financing compensation payments listed in Article 286 of this Code are the employer\u2019s funds, and in budgetary organizations – budget funds.<\/span><\/p>\n

Chapter 18. Labor discipline<\/span><\/p>\n

\u00a7 1. General Provisions<\/span><\/p>\n

Article 295. The concept of labor discipline and methods of ensuring it<\/span><\/p>\n

Labor discipline is obligatory for all employees to obey the rules of conduct established in accordance with labor legislation, collective agreements, collective agreements, as well as internal labor regulations, other local acts and an employment contract.<\/span><\/p>\n

The employer is obliged, in accordance with labor legislation and other legal acts on labor, and the employment contract, to create the conditions necessary for employees to comply with labor discipline.<\/span><\/p>\n

Labor discipline is ensured by the creation of the necessary socio-economic, organizational and technical conditions for normal work, methods of stimulation and reward for conscientious work, and the application of penalties to employees who violate labor (official) duties.<\/span><\/p>\n

Article 296. Internal labor regulations<\/span><\/p>\n

The internal labor regulations are a local act that regulates, in accordance with labor legislation, the procedure for hiring and terminating an employment contract with employees, the rights, duties and responsibilities of the parties to the employment contract, working hours, rest periods, incentives and penalties applied to employees, as well as other issues related to the regulation of labor relations with the employer.<\/span><\/p>\n

Internal labor regulations are approved by the employer in agreement with the trade union committee in accordance with Article 15 of this Code.<\/span><\/p>\n

Internal labor regulations apply to employees who are subject to charters and discipline regulations to the extent that they do not contradict these charters and regulations.<\/span><\/p>\n

Article 297. Statutes and regulations on discipline<\/span><\/p>\n

Charters and regulations on discipline are normative legal acts that apply to certain categories of workers in certain sectors of the economy, as well as to employees of certain government bodies, whose violation of labor discipline can lead to particularly severe consequences.<\/span><\/p>\n

Charters and regulations on discipline are approved by laws, decrees, resolutions of the President of the Republic of Uzbekistan, resolutions of the Cabinet of Ministers of the Republic of Uzbekistan.<\/span><\/p>\n

Charters and regulations on discipline determine the circle of employees to whom they apply, provide for the rights and obligations of employees, as well as officials entitled to apply disciplinary sanctions, types of incentives, disciplinary sanctions, and the procedure for their application.<\/span><\/p>\n

Article 298. Invalidity of provisions of local acts regulating labor regulations<\/span><\/p>\n

Provisions of local acts regulating labor regulations that worsen the employee\u2019s position in comparison with labor legislation, collective agreements or a collective agreement are invalid.<\/span><\/p>\n

Article 299. Incentives for work<\/span><\/p>\n

Incentives may be applied to the employee for success at work. Types of incentives and the procedure for their application are determined by collective agreements, collective agreements, other legal acts on labor, internal labor regulations and an employment contract.<\/span><\/p>\n

Types of incentives and the procedure for their application to employees who are subject to the statutes and regulations on discipline are determined by the relevant statutes and regulations on discipline.<\/span><\/p>\n

For special labor services to society and the state, employees can be nominated for state awards.<\/span><\/p>\n

Wages, bonuses, additional payments, allowances and other payments provided for by the remuneration system are not considered types of incentives. The issue of payment of bonuses provided for by the remuneration system to employees subject to disciplinary action during the period of validity of the disciplinary action is resolved in the relevant provisions on bonuses.<\/span><\/p>\n

During the period of validity of the disciplinary sanction, incentive measures, including bonuses that are not part of the remuneration system and not based on labor results (in connection with holidays, including professional holidays, anniversaries and others), are not applied to the employee.<\/span><\/p>\n

Article 300. Disciplinary liability of an employee<\/span><\/p>\n

Disciplinary liability is legal liability that occurs for an employee committing a disciplinary offense ( part two of Article 301 of this Code) and is expressed in the application of disciplinary measures to this employee.<\/span><\/p>\n

Types of disciplinary liability are general and special disciplinary liability.<\/span><\/p>\n

General disciplinary liability is liability, which is regulated by this Code and internal labor regulations, consists of applying to the employee one of the disciplinary measures provided for in Article 312 of this Code and applies to all employees, with the exception of those for whom special disciplinary liability is established.<\/span><\/p>\n

Special disciplinary liability is liability that is provided only for certain categories of employees by law, as well as charters and regulations on discipline, and consists of applying to the employee those disciplinary measures that are provided for by the relevant law, charter and regulations on discipline.<\/span><\/p>\n

Article 301. Grounds for bringing an employee to disciplinary liability<\/span><\/p>\n

The basis for bringing an employee to disciplinary liability is the employee\u2019s commission of a disciplinary offense.<\/span><\/p>\n

A disciplinary offense is understood as a culpable unlawful failure or improper performance by an employee of his labor duties (violation of labor (official) duties).<\/span><\/p>\n

It is not allowed to bring an employee to disciplinary liability if his failure to perform or improper performance of his labor (official) duties occurred for reasons beyond the control of the employee (failure by the employer to provide the conditions necessary for the employee to fulfill his labor duties, force majeure circumstances, and others).<\/span><\/p>\n

\u00a7 2. Internal investigation<\/span><\/p>\n

Article 302. The concept of an official investigation<\/span><\/p>\n

An official investigation is an inspection carried out to establish the fact that an employee has committed a disciplinary offense, to identify the employee\u2019s guilt in committing it, the reasons <\/span>and conditions that contributed to the employee committing a disciplinary offense, to determine the nature and extent of possible material damage caused to the employer.<\/span><\/p>\n

Article 303. Making a decision to conduct an internal investigation<\/span><\/p>\n

The grounds for making a decision to conduct an internal investigation are media reports, a report from the employee\u2019s immediate supervisor, appeals from individuals and legal entities and other information giving reason to believe that the employee has committed a disciplinary offense.<\/span><\/p>\n

The employer has the right to decide to conduct an internal investigation. The decision to conduct an internal investigation is formalized by an appropriate order.<\/span><\/p>\n

The employee against whom an internal investigation is being conducted must be familiar with the employer’s order to conduct an internal investigation and the composition of the commission for conducting an internal investigation against signature.<\/span><\/p>\n

Article 304. Formation of a commission to conduct an internal investigation<\/span><\/p>\n

To conduct an internal investigation, a commission for conducting an internal investigation (hereinafter referred to as the commission) is formed by order of the employer.<\/span><\/p>\n

The commission must consist of at least three members, one of whom is its chairman. The commission includes a member of the trade union committee, if present in the organization. The chairman of the commission organizes and coordinates the work of the commission. His lawful demands within the framework of the ongoing official investigation are mandatory for fulfillment by members of the commission. The chairman of the commission bears personal responsibility for the quality of the organization, preparation and conduct of the official investigation, the objectivity of its results, conclusions and proposals.<\/span><\/p>\n

Inclusion in the commission is not allowed:<\/span><\/p>\n

the official who made the decision to conduct an official investigation;<\/span><\/p>\n

employees subordinate to those whose actions need to be investigated;<\/span><\/p>\n

persons related to the employee against whom an internal investigation is being conducted;<\/span><\/p>\n

persons who may be directly or indirectly interested in the outcome of the internal investigation, including those in respect of whom there is reasonable suspicion of their involvement in the employee committing a disciplinary offense or concealing a disciplinary offense;<\/span><\/p>\n

persons whose appeals served as the basis for an official investigation;<\/span><\/p>\n

employees who are subject to an internal investigation.<\/span><\/p>\n

Specialists may be involved in the conduct of an internal investigation on a contractual basis as experts for consultations in the field of specialized knowledge.<\/span><\/p>\n

Article 305. Rights and obligations of the commission<\/span><\/p>\n

The commission has the right:<\/span><\/p>\n

invite employees subject to an internal investigation to provide written explanations, as well as provide other information on the substance of the internal investigation issues;<\/span><\/p>\n

invite employees who may know any information about the circumstances to be established during the internal investigation to provide written explanations regarding them;<\/span><\/p>\n

make proposals to the employer to suspend the employee from work for the duration of the internal investigation, if there are reasonable grounds to believe that the employee\u2019s presence at work may interfere with the internal investigation;<\/span><\/p>\n

get acquainted with documents relevant for the conduct of the official investigation, and, if necessary, attach copies of them to the materials of the official investigation;<\/span><\/p>\n

with the consent of the employer, inspect the office and production premises used by the employee, in respect of whom an internal investigation is being conducted, including his workplace, areas of the area, storage, tables, cabinets, folders and other items where media of confidential information may be located, as well as check all media of confidential information held by the employer and accounting documents reflecting their receipt and movement (books and journals);<\/span><\/p>\n

apply for an inventory, audit, audit;<\/span><\/p>\n

apply for the engagement of specialists on a contractual basis on issues requiring scientific, technical and other special knowledge, and receive advice from them.<\/span><\/p>\n

The Commission may have other rights in accordance with the law.<\/span><\/p>\n

The commission is obliged:<\/span><\/p>\n

respect the rights and freedoms of the employee against whom an internal investigation is being conducted, and other persons invited to participate in the internal investigation;<\/span><\/p>\n

ensure the safety and confidentiality of the materials of the official investigation, and not disclose information about the results of its conduct;<\/span><\/p>\n

explain to the employee subject to an internal investigation his rights and obligations;<\/span><\/p>\n

inform the employer about the progress of the internal investigation;<\/span><\/p>\n

if it is established that a disciplinary offense has been committed, document the date and time of the commission of this offense, the circumstances affecting the degree and nature of responsibility of the employee who committed the disciplinary offense, both aggravating and mitigating his guilt;<\/span><\/p>\n

collect documents and materials characterizing the personal, business and moral qualities of the employee in respect of whom an internal investigation is being conducted;<\/span><\/p>\n

study the materials of previously conducted internal investigations, as well as information about previously committed disciplinary offenses by the employee against whom the internal investigation is being conducted;<\/span><\/p>\n

invite the employee against whom an internal investigation is being conducted to provide an explanation on the merits of issues directly related to the ongoing investigation, and in case of refusal to provide written explanations, draw up an appropriate act signed by the members of the commission;<\/span><\/p>\n

if, during an internal investigation, eyewitnesses are identified that a disciplinary offense has been committed by an employee against whom an internal investigation is being conducted, interview them;<\/span><\/p>\n

immediately inform the employer who decided to conduct an internal investigation of identified violations of labor duties that require suppression;<\/span><\/p>\n

identify the causes and conditions that contributed to the employee committing a disciplinary offense and propose measures aimed at eliminating them;<\/span><\/p>\n

comply with the period for conducting an internal investigation established by the employer\u2019s order in accordance with Article 308 of this Code;<\/span><\/p>\n

prepare an act on the results of the internal investigation and submit it to the employer within the time limit established by part seven of Article 310 of this Code;<\/span><\/p>\n

familiarize the employee in respect of whom the internal investigation was carried out, against signature, with the act on the result of its conduct, and in case of refusal to familiarize or sign the acquaintance, draw up a corresponding act signed by the members of the commission.<\/span><\/p>\n

The commission may also bear other responsibilities in accordance with the law.<\/span><\/p>\n

Article 306. Rights and obligations of an employee in respect of whom an internal investigation is being conducted<\/span><\/p>\n

An employee subject to an internal investigation has the right to:<\/span><\/p>\n

know why an internal investigation is being conducted;<\/span><\/p>\n

challenge members of the commission;<\/span><\/p>\n

give written explanations on issues of the internal investigation;<\/span><\/p>\n

submit petitions during an internal investigation;<\/span><\/p>\n

submit documents and material evidence for inclusion in the materials of the official investigation;<\/span><\/p>\n

provide witnesses for their subsequent questioning during the official investigation;<\/span><\/p>\n

get acquainted with the materials of the official investigation, make extracts from them, make copies;<\/span><\/p>\n

familiarize yourself with the report on the results of the internal investigation;<\/span><\/p>\n

appeal the decisions and actions (inaction) of the commission in the manner established for individual labor disputes.<\/span><\/p>\n

An employee has the right to demand an internal investigation to refute information discrediting his honor and dignity. An application for an internal investigation is submitted to the employer in writing and is considered no later than three days from the date of its submission.<\/span><\/p>\n

An employee against whom an internal investigation is being conducted is obliged to conscientiously use the rights granted to him, not to interfere with the conduct of an official investigation, including not to evade participation in an official investigation, not to interfere with the establishment of the truth by destroying, falsifying evidence, or committing other illegal actions.<\/span><\/p>\n

Article 307. Challenge to a member of the commission<\/span><\/p>\n

An employee in respect of whom an internal investigation is being conducted has the right, if there is one of the grounds provided for in part three of Article 304 of this Code, to challenge a member of the commission in writing.<\/span><\/p>\n

A challenge to a member of the commission must be motivated and can be declared at any stage of the internal investigation before the commission adopts an act on the results of the internal investigation.<\/span><\/p>\n

An application for recusal of a commission member is submitted to the employer who decided to conduct an internal investigation. The decision on the application for recusal must be made by the official (body) who appointed the internal investigation no later than within one working day from the date of filing the application for recusal. This decision must be brought to the attention of the employee and members of the commission no later than the next working day after its adoption.<\/span><\/p>\n

If there is one of the grounds provided for in part three of Article 304 of this Code, a member of the commission is obliged to immediately recuse himself.<\/span><\/p>\n

If the employee\u2019s application for recusal of a member of the commission is satisfied or if a member of this commission recuses himself, the employer appoints a new member of the commission.<\/span><\/p>\n

Article 308. Time limit for conducting an official investigation<\/span><\/p>\n

The period for conducting an internal investigation should not exceed fifteen working days.<\/span><\/p>\n

In exceptional cases, when for objective reasons an internal investigation cannot be completed within the time period established by part one of this article, on the basis of well-founded arguments of the commission, the employer has the right to extend the period for its conduct to another fifteen working days.<\/span><\/p>\n

Article 309. Suspension of an employee from work for the duration of an internal investigation<\/span><\/p>\n

If there are reasonable grounds to believe that the employee\u2019s presence at work may interfere with the conduct of an internal investigation, the employer has the right to remove the employee from work.<\/span><\/p>\n

The removal of an employee from work is formalized by an order from the employer, which, against signature, is brought to the attention of the employee against whom an internal investigation is being conducted. If an employee refuses to familiarize himself with the order on his removal from work or refuses to sign such an order, members of the commission draw up a corresponding act. At the request of the employee, the employer is obliged to issue him, no later than three days from the date of application, a certified copy of the order of dismissal from work. The period of suspension of an employee from work cannot exceed the period for conducting an internal investigation established by Article 308 of this Code.<\/span><\/p>\n

An employee suspended from work due to an internal investigation being carried out against him shall retain his average salary for the entire period of suspension.<\/span><\/p>\n

Article 310. Report on the results of an internal investigation<\/span><\/p>\n

The report on the results of the internal investigation must be signed by the members of the commission who voted for the adoption of the relevant decision. A member of the commission who does not agree with the decision on the results of the internal investigation has the right to <\/span>express his dissenting opinion in writing, which is attached to the report on the results of the internal investigation.<\/span><\/p>\n

The report on the results of the internal investigation must contain information:<\/span><\/p>\n

about the employee in respect of whom an internal investigation was conducted (last name, first name, patronymic of the employee, the work he performs (position held), length of service with this employer, information about the presence or absence of disciplinary sanctions for previously committed disciplinary offenses);<\/span><\/p>\n

on the composition of the commission that conducted the internal investigation;<\/span><\/p>\n

on the grounds for conducting an internal investigation;<\/span><\/p>\n

about the presence or absence of the fact that the employee has committed a disciplinary offense;<\/span><\/p>\n

about documents confirming the fact of committing a disciplinary offense;<\/span><\/p>\n

about the arguments contained in the explanations of the employee in respect of whom an internal investigation was carried out;<\/span><\/p>\n

about the circumstances and consequences of a disciplinary offense committed by an employee;<\/span><\/p>\n

about materials confirming or excluding the employee\u2019s guilt in non-fulfillment or improper performance of his labor duties;<\/span><\/p>\n

about the nature and amount of damage caused by the employee to the employer as a result of committing a disciplinary offense (if such damage exists).<\/span><\/p>\n

The final part of the report on the results of the internal investigation should formulate the conclusions reached by the commission as a result of the internal investigation. If it is confirmed that an employee has committed a disciplinary offense, the report on the results of the internal investigation must contain proposals addressed to the employer to bring the employee to disciplinary liability, and if it is established that the employee has caused direct actual damage to the employer and to financial liability, as well as recommendations of a preventive nature aimed at strengthening labor discipline, eliminating the causes and conditions conducive to the commission of disciplinary offenses by employees.<\/span><\/p>\n

If, as a result of an internal investigation, it is established that the employee has not committed a disciplinary offense or that the employee is not guilty of non-fulfillment or improper performance of his job duties, then the final part of the report on the results of the internal investigation must indicate the reasons that gave rise to unfounded suspicions against the employee or actual reasons preventing the employee from fulfilling his job duties.<\/span><\/p>\n

If the commission determines that the basis for an internal investigation was false information discrediting the honor, dignity or business reputation of an employee, the final part of the report on the results of the internal investigation must contain recommendations to refute this information.<\/span><\/p>\n

If, based on the results of an internal investigation, signs of an administrative offense or crime are identified, the act on the results of the internal investigation indicates proposals for sending the investigation materials to the relevant government bodies.<\/span><\/p>\n

No later than three working days after the decision was made at a commission meeting to conduct an internal investigation, an act on the results of the internal investigation, together with other materials collected by the commission, must be transferred to the employer.<\/span><\/p>\n

Article 311. Specification of provisions on conducting an internal investigation<\/span><\/p>\n

The provisions for conducting an internal investigation provided for by this Code can be specified taking into account industry characteristics, the specifics of production, the nature of the labor functions performed by employees in the internal labor regulations, local acts on the procedure for conducting an internal investigation, adopted by the employer in agreement with the trade union committee.<\/span><\/p>\n

Local acts provided for in part one of this article should not worsen the employee\u2019s position in comparison with this Code.<\/span><\/p>\n

The specifics of conducting an internal investigation in relation to employees who bear special disciplinary liability are established by law, as well as by statutes and regulations on discipline.<\/span><\/p>\n

\u00a7 3. Disciplinary sanctions<\/span><\/p>\n

Article 312. Disciplinary measures<\/span><\/p>\n

For violation of labor discipline, the employer has the right to apply the following disciplinary measures to the employee:<\/span><\/p>\n

1) reprimand;<\/span><\/p>\n

2) a fine of no more than thirty percent of the average monthly salary. Internal labor regulations may provide for cases of imposing a fine on an employee in the amount of no more than fifty percent of the average monthly salary. The fine is withheld from the employee’s salary by the employer in compliance with the requirements of Articles 269 and 270 of this Code;<\/span><\/p>\n

3) termination of the employment contract ( clauses 4 and 5 of part two of Article 161 of this Code).<\/span><\/p>\n

The use of disciplinary measures not provided for by this Code, other laws, charters or discipline regulations is not permitted.<\/span><\/p>\n

Article 313. Procedure for applying disciplinary measures<\/span><\/p>\n

Disciplinary measures are applied by persons (bodies) who have been granted the right to hire ( parts two and three of Article 127 of this Code).<\/span><\/p>\n

Before applying disciplinary measures, the employer is obliged to request a written explanation from the employee, including if the disciplinary offense was discovered as a result of an internal investigation. The employee\u2019s refusal to provide a written explanation is not an obstacle to the application of a disciplinary sanction and is documented in an act indicating the witnesses present.<\/span><\/p>\n

For each disciplinary offense, only one disciplinary measure can be applied. The right to choose a disciplinary sanction belongs to the employer. When applying a disciplinary sanction, the severity of the offense committed, the circumstances of its commission, previous work and behavior of the employee are taken into account.<\/span><\/p>\n

The application of a disciplinary sanction to an employee is formalized by order of the employer.<\/span><\/p>\n

An employer’s order to apply a disciplinary sanction to an employee, indicating the reasons, is announced to the employee against signature within three working days from the date of its adoption, not counting the time the employee is absent from work.<\/span><\/p>\n

An employee who is not familiar with the order to apply a disciplinary sanction to him is considered not to have a disciplinary sanction.<\/span><\/p>\n

The employee\u2019s refusal to familiarize himself with the order to apply a disciplinary sanction to him is documented in an act indicating the witnesses present. In this case, the employee is considered to be familiar with the order.<\/span><\/p>\n

Article 314. Time limits for applying disciplinary sanctions<\/span><\/p>\n

A disciplinary sanction is applied immediately upon discovery of a disciplinary offense, but no later than one month from the date of its discovery, not counting the period of temporary incapacity for work of the employee or his stay on vacation. The day of discovery of a disciplinary offense identified as a result of an internal investigation is considered to be the day the commission signs an act on the results of the internal investigation.<\/span><\/p>\n

A disciplinary sanction cannot be applied later than six months from the date of commission of the disciplinary offense, and based on the results of an audit or audit of financial and economic activities or an audit – later than two years from the date of its commission. The specified time limits do not include the time of criminal proceedings.<\/span><\/p>\n

Article 315. Duration, repayment and removal of disciplinary sanctions<\/span><\/p>\n

The validity period of a disciplinary sanction cannot exceed one year from the date of its application.<\/span><\/p>\n

If within a year from the date of application of the disciplinary sanction the employee is not subjected to a new disciplinary sanction, he is considered not to have been subjected to disciplinary sanction. In this case, the disciplinary sanction is paid automatically without the employer issuing an order.<\/span><\/p>\n

The employer has the right to lift a disciplinary sanction early before the end of the year on its own initiative, at the request of the employee\u2019s immediate supervisor, the trade union committee, as well as at the request of the employee. Early lifting of a disciplinary sanction is formalized by order of the employer.<\/span><\/p>\n

The rules for repayment and removal of disciplinary penalties provided for in this article do not apply in the event of termination of an employment contract at the initiative of the employer in accordance with paragraphs 4 and 5 of part two of Article 161 of this Code.<\/span><\/p>\n

Chapter 19. Material liability of the parties to the employment contract<\/span><\/p>\n

\u00a7 1. General Provisions<\/span><\/p>\n

Article 316. The concept of financial liability of the parties to an employment contract<\/span><\/p>\n

The material liability of the parties to an employment contract is legal liability, which is the obligation of a party to an employment contract to compensate for damage caused to the other party in the manner prescribed by this Code and other laws.<\/span><\/p>\n

Termination of an employment contract after causing harm does not entail the release of the party to this contract from financial liability.<\/span><\/p>\n

Article 317. Specification of the material liability of the parties to the employment contract<\/span><\/p>\n

An employment contract or an additional agreement to it concluded in writing, as well as a collective agreement, can specify the financial responsibility of the parties to the employment contract. At the same time, the contractual liability of the employer to the employee should not be lower, and the employee to the employer \u2013 higher, than provided for by this Code.<\/span><\/p>\n

Article 318. Conditions for the onset of financial liability of a party to an employment contract<\/span><\/p>\n

The financial liability of a party to an employment contract arises for damage caused to the other party to this contract as a result of its culpable unlawful act (actions or inaction), and the presence of a cause-and-effect relationship between the culpable unlawful act and the harm caused, unless otherwise provided by this Code or other laws.<\/span><\/p>\n

Each party to the employment contract is obliged to prove the amount of material damage caused to it.<\/span><\/p>\n

\u00a7 2. Financial liability of the employer for harm caused to the employee<\/span><\/p>\n

Article 319. Damage subject to compensation to an employee<\/span><\/p>\n

The employer is obliged to compensate for damage caused to the employee in the event of:<\/span><\/p>\n

illegal deprivation of an employee\u2019s opportunity to work;<\/span><\/p>\n

causing harm to the life or health of an employee;<\/span><\/p>\n

delays in payment of wages and other payments due to the employee;<\/span><\/p>\n

causing damage to employee property.<\/span><\/p>\n

If the unlawful actions (inaction) of the employer caused physical or moral suffering to the employee, then the moral damage caused to the employee is subject to compensation.<\/span><\/p>\n

Article 320. The employer\u2019s obligation to compensate the employee for harm caused as a result of illegal deprivation of his opportunity to work<\/span><\/p>\n

The employer is obliged to compensate the employee for the wages he did not receive in all cases of illegal deprivation of his opportunity to work. Such an obligation arises if wages are not received as a result of:<\/span><\/p>\n

illegal refusal to hire;<\/span><\/p>\n

illegal transfer of an employee to another job;<\/span><\/p>\n

illegal removal of an employee from work;<\/span><\/p>\n

illegal termination of an employment contract with an employee;<\/span><\/p>\n

delays by the employer in issuing the employee\u2019s work book or an extract from the electronic work book;<\/span><\/p>\n

his untimely execution of the decision of the labor dispute resolution body on the reinstatement of the employee to his previous job;<\/span><\/p>\n

dissemination in any way of information discrediting the honor, dignity or business reputation of an employee, preventing him from applying for another job;<\/span><\/p>\n

other cases provided for by laws and collective agreements and (or) collective agreement.<\/span><\/p>\n

Article 321. The employer\u2019s obligation to compensate for harm caused to the life or health of an employee<\/span><\/p>\n

The employer is obliged to compensate for harm caused to the life or health of an employee due to a work injury and (or) occupational disease.<\/span><\/p>\n

The employer is financially liable for harm caused to the life or health of an employee by a work-related injury received by the employee while performing work duties both on the employer\u2019s territory and outside it, as well as while traveling to or from work on transport provided by the employer.<\/span><\/p>\n

The employer is obliged to compensate for the harm caused to the employee by a work injury and (or) occupational disease, unless the employer proves that the harm was caused through no fault of his own.<\/span><\/p>\n

In the event that harm to the life or health of an employee is caused during the performance of his job duties by a source of increased danger, the employer is obliged to compensate for it, unless the employer proves that the harm arose as a result of force majeure or the intent of the victim.<\/span><\/p>\n

Article 322. Payments made by the employer in connection with damage to the health of the employee<\/span><\/p>\n

Compensation by the employer for harm caused to the employee\u2019s health includes:<\/span><\/p>\n

payment of a lump sum benefit to the employee;<\/span><\/p>\n

monthly payments made to compensate for lost wages by the employee;<\/span><\/p>\n

compensation to the employee for additional expenses.<\/span><\/p>\n

Article 323. Amount of one-time benefit paid in connection with injury to the health of an employee<\/span><\/p>\n

The amount of a one-time benefit paid by the employer in connection with harm to the employee\u2019s health is determined in the collective agreement, and if it is not concluded, by agreement between the employer and the trade union committee. At the same time, the amount of a one-time benefit paid in connection with injury to the health of an employee cannot be lower than the annual salary, which is calculated on the basis of the average monthly salary of the injured employee.<\/span><\/p>\n

Article 324. Amount of monthly payments made to compensate for lost wages in connection with injury to the health of an employee<\/span><\/p>\n

The amount of monthly payments made to compensate for lost wages in connection with injury to the health of an employee is determined as a percentage of the average monthly salary of the victim before the work injury, corresponding to the degree of loss of his professional ability to work.<\/span><\/p>\n

The degree of loss of professional ability to work is determined by a medical and social expert commission.<\/span><\/p>\n

When assigning compensation, wages, scholarships, pensions and other income received by the victim are not taken into account. At the same time, the amount of compensation for harm to victims – persons with disabilities due to a work injury cannot be lower than fifty percent of the minimum wage established by law.<\/span><\/p>\n

Article 325. Compensation for additional expenses in case of harm to an employee\u2019s health<\/span><\/p>\n

The employer responsible for causing harm to the health of an employee is obliged, in addition to the payments provided for in Article 323 and part one of Article 324 of this Code, to compensate the victim for additional expenses caused by a work injury or occupational disease. Expenses for treatment, prosthetics, additional food, purchase of medicines, sanatorium-resort treatment, including payment for travel of the victim, and, if necessary, also the person accompanying him to the place of treatment and back, outside care, purchase of special vehicles and other types of assistance, are subject to reimbursement. if he is recognized by a medical and social expert commission as needing these types of assistance and does not have the right to receive them free of charge from relevant organizations, as well as the costs of paying remuneration to a lawyer for legal assistance provided in the event of a dispute between the victim and the employer regarding compensation for harm and in the event resolving the dispute in favor of the victim.<\/span><\/p>\n

The costs of purchasing medications are paid to the victim by the employer upon presentation of a prescription in the prescribed form, written by the attending physician, and a paid receipt indicating the purchased medications.<\/span><\/p>\n

Persons with group I disabilities do not require a conclusion from a medical and social expert commission on the need for household care (except for cases where they need special medical care).<\/span><\/p>\n

A victim who needs several types of assistance specified in this article shall be reimbursed for the costs associated with receiving each type of assistance.<\/span><\/p>\n

Article 326. Mixed liability of the parties to an employment contract in the event of harm to the health of an employee<\/span><\/p>\n

If the gross negligence of the victim contributed to the occurrence or increase of harm, then depending on the degree of guilt of the victim, the amount of compensation is correspondingly reduced.<\/span><\/p>\n

If the victim is grossly negligent and the employer is not at fault, in cases where his liability arises regardless of guilt, the amount of compensation may also be reduced by the court. In this case, refusal to compensate for damage is not allowed.<\/span><\/p>\n

Mixed liability does not apply to compensation for additional expenses when compensating for harm caused to the health of an employee, to the payment of a lump sum benefit, as well as when compensating for damage in connection with the death of an employee who was the breadwinner.<\/span><\/p>\n

Article 327. The circle of persons entitled to compensation by the employer for damage caused in connection with the death of an employee who was the breadwinner<\/span><\/p>\n

In the event of the death of an employee who was the breadwinner (hereinafter referred to as the breadwinner), due to a work injury, occupational disease or other health damage associated with the performance of work duties, the employer is obliged to compensate for the damage:<\/span><\/p>\n

disabled persons, as well as persons under the age of eighteen who were dependent on the deceased or who had the right to receive maintenance from him on the day of his death;<\/span><\/p>\n

a child of the deceased born after his death;<\/span><\/p>\n

one of the parents (person in loco parentis), spouse or other family member, if he does not work and is busy caring for children, brothers, sisters or grandchildren of the deceased who have not reached the age of fourteen years, or although they have reached the specified age, but according to a medical opinion institutions requiring outside care for health reasons.<\/span><\/p>\n

Dependency of children is assumed and does not require proof.<\/span><\/p>\n

The following are considered disabled:<\/span><\/p>\n

persons over eighteen years of age if they were diagnosed with disability before reaching this age;<\/span><\/p>\n

men who have reached the age of sixty years, and women – fifty-five years of age;<\/span><\/p>\n

persons who have been identified as disabled.<\/span><\/p>\n

The time of the onset of disability of a family member (before or after the death of the breadwinner) does not affect his right to compensation for harm.<\/span><\/p>\n

Students aged eighteen years and older have the right to compensation for damages until the end of their studies in full-time educational institutions, but not more than twenty-three years of age.<\/span><\/p>\n

Article 328. Term for compensation by the employer for damage caused in connection with the death of the breadwinner<\/span><\/p>\n

Damage caused in connection with the death of the breadwinner is compensated:<\/span><\/p>\n

minors – up to the age of eighteen;<\/span><\/p>\n

students over eighteen years of age – until completion of full-time studies, but not more than twenty-three years of age;<\/span><\/p>\n

women over fifty-five years of age and men over sixty years of age – for life;<\/span><\/p>\n

for persons with disabilities – for the period of disability;<\/span><\/p>\n

one of the parents, spouse or other family member involved in caring for the deceased\u2019s dependent children, grandchildren, brothers and sisters – until they reach the age of fourteen.<\/span><\/p>\n

Article 329. Payments made in the event of compensation by the employer for damage caused in connection with the death of the breadwinner<\/span><\/p>\n

Compensation by the employer for damage caused in connection with the death of the breadwinner includes payment to persons entitled to compensation by the employer for damage caused in connection with the death of the breadwinner:<\/span><\/p>\n

one-time benefit;<\/span><\/p>\n

monthly payments made to compensate for the breadwinner\u2019s lost wages;<\/span><\/p>\n

compensation for additional expenses.<\/span><\/p>\n

Article 330. The amount of a one-time benefit paid in connection with the death of a breadwinner from a work injury or occupational disease<\/span><\/p>\n

The amount of a one-time benefit paid by the employer in connection with the death of a breadwinner from a work injury or occupational disease is determined in the collective agreement, and if it is not concluded, by agreement between the employer and the trade union committee.<\/span><\/p>\n

The size of the lump sum benefit paid in connection with the death of the breadwinner cannot be less than six times the average annual salary of the deceased.<\/span><\/p>\n

Article 331. Amount of monthly payments made to compensate for the breadwinner\u2019s lost wages<\/span><\/p>\n

For disabled persons who were dependent on the deceased breadwinner and who have the right to compensation for damage in connection with his death, damage is determined in the amount of the average monthly salary of the deceased minus the share attributable to himself and able-bodied persons who were dependent on him, but who do not have the right for damages.<\/span><\/p>\n

To determine the amount of compensation for harm to each of the persons entitled to compensation, the part of the breadwinner\u2019s salary that falls on all these persons is divided by their number.<\/span><\/p>\n

For disabled persons who were not dependents of the deceased, but have the right to compensation for damage, its amount is determined in the following order, if:<\/span><\/p>\n

maintenance funds were collected in court, then compensation for damage is determined in the amount prescribed by the court;<\/span><\/p>\n

funds for maintenance were not recovered in court, then compensation for damage is established taking into account their financial situation and the ability of the deceased to provide assistance to them during his lifetime.<\/span><\/p>\n

If both persons who were dependent on the deceased and those who were not dependent on him have the right to compensation for harm, then the amount of compensation for harm to persons who were not dependent on the deceased is first determined. The amount of compensation for damage established by him is excluded from the wages of the breadwinner, then, based on the remaining amount of wages, the amount of compensation for harm to persons dependent on the deceased is determined in the manner prescribed by parts one and two of this article.<\/span><\/p>\n

For persons entitled to compensation for harm in connection with the loss of a breadwinner, the pension assigned to them in the event of the loss of a breadwinner, as well as other pensions, wages, stipends and other income are not counted towards compensation for harm. In this case, the amount of compensation for harm for each dependent cannot be lower than fifty percent of the minimum wage established by law.<\/span><\/p>\n

The amount of compensation for harm for each dependent increases proportionally with the increase in the minimum wage established by law.<\/span><\/p>\n

Article 332. Compensation for additional expenses in connection with the death of the breadwinner<\/span><\/p>\n

In the event of the death of an employee due to a work injury, the employer is additionally obliged to reimburse the necessary funeral expenses to the person who incurred these expenses.<\/span><\/p>\n

Necessary funeral expenses are not counted towards compensation for damages.<\/span><\/p>\n

In addition to the expenses provided for in part one of this article, compensation for additional expenses includes expenses associated with transporting the body of a deceased employee, appealing the employer\u2019s decision to refuse compensation for damage caused in connection with the death of the breadwinner or associated with challenging the amount of payments due (consultations of specialists, expenses for payment of remuneration to a lawyer for legal assistance provided and others) in the event of a dispute being resolved in favor of the person who incurred these expenses.<\/span><\/p>\n

Article 333. Financial liability of the employer for delay in payment of wages and other payments due to the employee<\/span><\/p>\n

If the employer violates the terms of payment of wages, vacation pay, payments upon termination of an employment contract and (or) other payments due to the employee, the employer is obliged to pay them with interest (monetary compensation) based on the refinancing rate of the Central Bank of the Republic of Uzbekistan in force at that time for each day of delay, starting from the next day after the payment deadline until the day of actual settlement, inclusive.<\/span><\/p>\n

The amount of monetary compensation due to the employee is set at ten percent of the refinancing rate of the Central Bank of the Republic of Uzbekistan.<\/span><\/p>\n

The amount of monetary compensation paid to an employee, established by part two of this article, may be increased by a collective agreement, local act or employment contract. The obligation to pay the specified monetary compensation arises regardless of whether the employer is at fault for the delay in payment of wages or other payments due to the employee.<\/span><\/p>\n

Article 334. Financial liability of the employer for damage caused to the employee\u2019s property<\/span><\/p>\n

An employer who causes damage to an employee’s property shall compensate for this damage in full, unless he proves the absence of his guilt. The amount of damage is calculated at market prices in force in the area on the day of compensation for damage.<\/span><\/p>\n

With the employee’s consent, damage to the employee’s property may be compensated in kind.<\/span><\/p>\n

Article 335. Compensation for moral damage caused to an employee<\/span><\/p>\n

Moral damage caused to an employee by unlawful actions or inaction of the employer is compensated to the employee in cash in amounts determined by agreement of the parties to the employment contract.<\/span><\/p>\n

In the event of a dispute, the fact of causing moral damage to the employee and the amount of compensation for it are determined by the court, regardless of the material damage to be compensated.<\/span><\/p>\n

Article 336. Procedure for considering applications for compensation for harm to life and health caused to an employee<\/span><\/p>\n

An application for compensation for harm to life and health is submitted to the employer by the injured employee, and in the event of the death of the employee – by interested parties entitled to compensation for harm. The employer is obliged to consider the application and make an appropriate decision within ten days from the date of its receipt.<\/span><\/p>\n

A copy of the employer\u2019s order to compensate the employee for harm to life and health or the employer\u2019s reasoned written refusal is given to the employee or interested parties entitled to compensation for harm within three days from the date of its acceptance.<\/span><\/p>\n

If the employee or interested parties entitled to compensation for harm disagree with the employer\u2019s decision or do not receive a response within the period established by parts one and two of this article, they may go to court to resolve the dispute.<\/span><\/p>\n

\u00a7 3. Material liability of the employee for damage caused to the employer<\/span><\/p>\n

Article 337. Obligation of an employee to compensate for damage caused to the employer<\/span><\/p>\n

The employee is obliged to compensate the employer for direct actual damage caused to him.<\/span><\/p>\n

Lost income (lost profits) cannot be recovered from the employee.<\/span><\/p>\n

Direct actual damage is understood as a real decrease or deterioration of the employer\u2019s available property (including property of third parties located at the employer, if the employer is responsible for the safety of this property), as well as the need for the employer to make unnecessary costs and payments for the acquisition, restoration of property or for compensation for damage caused by the employee to third parties.<\/span><\/p>\n

Article 338. Circumstances excluding the financial liability of an employee<\/span><\/p>\n

The employee’s financial liability is excluded in cases of damage due to force majeure, justified economic risk, extreme necessity or necessary defense, or the employer’s failure to fulfill the obligation to provide adequate conditions for storing property entrusted to the employee.<\/span><\/p>\n

Justified economic risk means the actions of an employee that correspond to modern knowledge and experience, when the set goal could not be achieved otherwise, the employee properly fulfilled his job duties, showed a certain degree of care and prudence, took measures to prevent damage, and the object of economic risk were material values, and not the life and health of people.<\/span><\/p>\n

Article 339. The right of the employer to refuse to collect damages from the employee<\/span><\/p>\n

The employer has the right, taking into account the specific circumstances in which the material damage was caused, to fully or partially refuse to recover it from the guilty employee. The owner of the organization can limit the specified right of the employer in cases provided for by law, as well as the constituent documents of the organization.<\/span><\/p>\n

Article 340. Limits of employee\u2019s financial liability<\/span><\/p>\n

For material damage caused, unless otherwise provided by this Code, the employee bears financial liability within the limits of his average monthly salary.<\/span><\/p>\n

Article 341. Full financial liability of the employee<\/span><\/p>\n

The employee\u2019s full financial liability consists of his obligation to compensate the direct actual damage caused to the employer in full.<\/span><\/p>\n

Financial liability in the full amount of damage caused may be assigned to the employee only in cases provided for by this Code or other laws.<\/span><\/p>\n

Employees under the age of eighteen bear full financial liability only for intentional damage, for damage caused while under the influence of alcohol, drugs or toxic substances, as well as for damage caused as a result of a crime or administrative offense.<\/span><\/p>\n

Article 342. Cases of full financial liability of an employee<\/span><\/p>\n

Financial liability in the full amount of damage caused is assigned to the employee in the following cases:<\/span><\/p>\n

1) shortage of valuables entrusted to him on the basis of an agreement on full financial liability;<\/span><\/p>\n

2) failure to ensure the safety of valuables received by an employee under a one-time document (power of attorney to receive inventory items, transfer and acceptance certificate, etc.);<\/span><\/p>\n

3) intentional infliction of damage;<\/span><\/p>\n

4) causing damage while under the influence of alcohol, drugs or toxic substances;<\/span><\/p>\n

5) damage caused as a result of the employee\u2019s criminal actions established by the court;<\/span><\/p>\n

6) causing damage as a result of an administrative offense, if established by the relevant government body or court;<\/span><\/p>\n

7) disclosure of information constituting state secrets and other secrets protected by law (commercial, official or other);<\/span><\/p>\n

8) causing damage if the employee fails to fulfill his job duties.<\/span><\/p>\n

Full financial liability may be imposed on the employee in other cases provided for by this Code or other laws.<\/span><\/p>\n

The head of the organization, his deputies, the chief accountant of the organization and the head of a separate division of the organization bear full financial responsibility in accordance with Article 488 of this Code.<\/span><\/p>\n

Article 343. Agreements on full financial liability<\/span><\/p>\n

An employee directly servicing monetary or commodity valuables bears full financial responsibility for failure to ensure the safety of valuables entrusted to him on the basis of an agreement on full financial liability. An agreement on full financial liability concluded with an employee whose functional responsibilities do not include servicing monetary or commodity assets is invalid.<\/span><\/p>\n

With a person who has reached the age of eighteen, who is hired or has performed work related to the servicing of monetary and commodity assets, upon hiring or subsequently, in addition to the employment contract, an agreement on full financial responsibility may be concluded.<\/span><\/p>\n

If the job (position) for which the employee is applying requires the conclusion of an agreement on full financial responsibility, and the employee does not agree to enter into such an agreement, the employer has the right to refuse to hire him.<\/span><\/p>\n

With an employee directly servicing monetary or commodity valuables, the employer has the right to enter into an agreement on full individual financial responsibility, and when employees jointly perform certain types of work related to the storage, processing, sale (release), transportation, use or other use of the valuables transferred to them, when it is impossible to <\/span>delineate the responsibility of each employee for causing damage and conclude an agreement with him on individual financial liability, an agreement on full collective (team) financial liability.<\/span><\/p>\n

Under an agreement on full individual liability, valuables are handed over to a specific employee, who is personally responsible for ensuring their safety. To be released from liability, the employee with whom the specified contract was concluded must prove the absence of his guilt.<\/span><\/p>\n

An agreement on full collective (team) financial responsibility is concluded between the employer and all members of the team (team).<\/span><\/p>\n

Under an agreement on full collective (team) financial responsibility, values \u200b\u200bare entrusted to a predetermined group of persons, a team (team), which is entrusted with full financial responsibility for ensuring their safety. To be released from liability, an individual member of a team (team) must prove the absence of his guilt.<\/span><\/p>\n

An agreement on full individual or collective (team) financial liability specifies the responsibilities of the parties to the employment contract to ensure the safety of values \u200b\u200bentrusted to the employee, team (team), and establishes their additional rights, duties and responsibilities.<\/span><\/p>\n

The lists of categories of employees with whom agreements on full financial responsibility can be concluded are established in the collective agreement, and if it is not concluded, they are determined by the employer in agreement with the trade union committee. In the same order, a list of departments is established where, when work is performed jointly by employees directly servicing monetary or commodity assets, full collective (team) financial responsibility can be introduced.<\/span><\/p>\n

Recommendations for concluding an agreement with an employee on full individual or collective (team) financial responsibility, an approximate form of these agreements, as well as an approximate list of positions and jobs filled by employees with whom written agreements on full financial responsibility can be concluded are approved by the Ministry of Employment and Labor Relations Republic of Uzbekistan.<\/span><\/p>\n

In case of voluntary compensation for damage in accordance with Article 346 of this Code, the degree of guilt of each member of the team (team) is determined by agreement between all members of the team (team) and the employer. When recovering damages in court, the degree of guilt of each member of the team (team) is determined by the court.<\/span><\/p>\n

In organizations engaged in servicing valuables (storage, sales, transportation, processing), by agreement between the employer and the trade union committee, a risk fund can be created, from which compensation for shortages is allowed.<\/span><\/p>\n

For damage caused to the employer in cases where a written agreement on full financial liability was not concluded with the employee, as well as when it was concluded with an employee whose functional responsibilities do not include servicing monetary or commodity assets, with a person under the age of eighteen or who does not fall under the list of categories of employees specified in part nine of this article, the employee may be assigned limited financial liability. Full financial liability in these cases can be imposed on the employee only if there are grounds provided for in paragraphs 2 – 8 of part one of Article 342 of this Code, and on employees under the age of eighteen years – only in the cases specified in part three of Article 341 of this Code.<\/span><\/p>\n

Article 344. The employer\u2019s obligation to establish the amount of damage and the cause of its occurrence<\/span><\/p>\n

Before making a decision on compensation for damage by specific employees, the employer is obliged to conduct an internal investigation to establish the amount of damage caused and identify the causes of its occurrence in the manner prescribed by Articles 302 – 311 of this Code.<\/span><\/p>\n

Requiring a written explanation from the employee to establish the cause of the damage is mandatory. The employee\u2019s refusal to give an explanation cannot serve as an obstacle to bringing him to financial responsibility for damage caused to the employer, and is documented in an act indicating the witnesses present.<\/span><\/p>\n

Article 345. Determination of the amount of damage caused<\/span><\/p>\n

The amount of damage caused to the employer is determined by actual losses based on accounting data.<\/span><\/p>\n

The amount of damage caused to the employer’s property related to fixed assets (assets) is calculated based on the book value (cost) of material assets minus depreciation according to established standards.<\/span><\/p>\n

In the event of theft, shortage, intentional destruction or intentional damage to the employer’s property related to fixed assets (funds), the amount of damage is calculated at market prices in force in the given area on the day of its discovery. In other cases, the amount of damage is calculated at market prices in force in the area on the day it was caused.<\/span><\/p>\n

Legislation may establish a special procedure for determining the amount of damage, including in multiples, caused to the employer by theft, shortage or loss of certain types of property and other valuables, in cases where the actual amount of damage exceeds its nominal amount.<\/span><\/p>\n

Article 346. Voluntary compensation for damage by an employee<\/span><\/p>\n

An employee who is guilty of causing damage to the employer has the right to voluntarily compensate it in full or in part.<\/span><\/p>\n

Voluntary compensation for damage is carried out within the limits provided for by this Code.<\/span><\/p>\n

By agreement between the employee and the employer, compensation for damage by installments is allowed. In this case, the employee submits to the employer a written obligation to compensate for damages, indicating specific payment terms. If an employee who has given a notarized obligation to voluntarily compensate for damage has terminated the employment relationship and avoids compensation, then the outstanding debt is collected on the basis of the notary\u2019s writs of execution.<\/span><\/p>\n

With the consent of the employer, the employee may transfer equivalent property to compensate for the damage caused or repair the damaged property.<\/span><\/p>\n

Article 347. Procedure for recovery from an employee of damage caused to the employer<\/span><\/p>\n

Collection from the guilty employee of the amount of damage caused to the employer, not exceeding the average monthly salary, is carried out by order of the employer, adopted no later than one month from the date of discovery of the damage.<\/span><\/p>\n

If the amount of damage caused to be recovered from the employee exceeds his average monthly salary or a month has expired from the date of discovery of the damage, recovery is carried out in court.<\/span><\/p>\n

Article 348. Reimbursement of costs associated with employee training<\/span><\/p>\n

If an employee terminates an employment contract without good reason before the expiration of the period stipulated by the employment contract or agreement on training at the expense of the employer, the employee is obliged to reimburse the costs incurred by the employer for his training, calculated in proportion to the time actually not worked after completion of training, unless otherwise provided an employment contract or training agreement.<\/span><\/p>\n

Article 349. Compensation for damage caused to the organization by its head<\/span><\/p>\n

Damage caused to an organization by its manager working under an employment contract is compensated in compliance with the rules established by this Code on the basis of a decision of the owner of the organization or a body authorized by him.<\/span><\/p>\n

If the manager refuses to compensate for the damage voluntarily, the damage caused is recovered in court.<\/span><\/p>\n

Article 350. Reduction by the court of the amount of damage to be recovered from the employee<\/span><\/p>\n

The court may, taking into account the degree and form of guilt, specific circumstances and financial situation of the employee, reduce the amount of damage to be recovered from the employee.<\/span><\/p>\n

The court has the right to approve a settlement agreement to reduce the amount of damage to be recovered from the employee.<\/span><\/p>\n

Reducing the amount of damage to be recovered from an employee is unacceptable if the damage was caused by a crime committed for personal gain.<\/span><\/p>\n

Chapter 20. Labor protection<\/span><\/p>\n

\u00a7 1. General Provisions<\/span><\/p>\n

Article 351. Concept of labor protection<\/span><\/p>\n

Labor protection is a system of legal, socio-economic, organizational, technical, sanitary and hygienic, treatment and preventive, rehabilitation measures and means to ensure safety, preserve life and health, and human performance in the labor process.<\/span><\/p>\n

Article 352. Labor protection requirements<\/span><\/p>\n

Employers are required to provide working conditions that meet safety and hygiene requirements.<\/span><\/p>\n

Labor protection requirements are established by this Code, other acts of legislation, as well as regulatory documents in the field of technical regulation on labor protection issues (hereinafter referred to as labor protection rules).<\/span><\/p>\n

Occupational safety requirements establish rules, procedures and criteria aimed at preserving the life and health of an employee during work.<\/span><\/p>\n

Labor protection requirements are mandatory for legal entities and individuals during the design, construction (reconstruction), operation of facilities, design of machines, mechanisms and other equipment, development of technological processes, organization of production and labor, as well as carrying out other types of activities.<\/span><\/p>\n

Personal and collective protective equipment for workers must comply with labor protection requirements and have a certificate of conformity.<\/span><\/p>\n

The procedure for developing, approving and amending by-laws containing labor protection requirements and labor protection rules is established by the Cabinet of Ministers of the Republic of Uzbekistan, taking into account proposals from the Republican Tripartite Commission on Social and Labor Issues.<\/span><\/p>\n

Article 353. Funds and materials allocated by the employer for labor protection measures<\/span><\/p>\n

To carry out occupational safety measures, the employer allocates the necessary funds and materials. The expenditure of these funds and materials for other purposes is prohibited. The procedure for using these means and materials is determined in the collective agreement, and if it is not concluded, it is established by the employer in agreement with the trade union committee.<\/span><\/p>\n

To carry out labor protection measures, the employer has the right to create a labor protection fund.<\/span><\/p>\n

Employees do not bear costs in connection with labor protection measures.<\/span><\/p>\n

Work collectives and trade union committees control the use of funds and materials allocated for carrying out labor protection measures.<\/span><\/p>\n

Article 354. Features of legal regulation of relations in the field of labor protection for certain categories of workers<\/span><\/p>\n

Features of the legal regulation of relations in the field of labor protection for certain categories of workers are established by Section VI of this Code and other legal acts on labor.<\/span><\/p>\n

In heavy work and work with harmful or dangerous working conditions, it is prohibited to employ persons under the age of eighteen, as well as persons for whom such work is contraindicated for health reasons.<\/span><\/p>\n

Lists of heavy work and work with harmful or dangerous working conditions, during which the use of labor by persons under the age of eighteen is prohibited, are approved by the Cabinet of Ministers of the Republic of Uzbekistan at the proposal of the Republican Tripartite Commission on Social and Labor Issues.<\/span><\/p>\n

\u00a7 2. Rights and obligations of the parties to an employment contract in the field of labor protection<\/span><\/p>\n

Article 355. Rights and obligations of an employee in the field of labor protection<\/span><\/p>\n

The employee has the right to:<\/span><\/p>\n

a workplace that meets the requirements of legal acts and labor protection rules;<\/span><\/p>\n

obtaining information from the employer about working conditions, including the presence of a risk of occupational and other diseases, benefits and compensation entitled to him in connection with this, as well as about individual and collective protective equipment;<\/span><\/p>\n

provision of personal protective equipment at the expense of the employer in accordance with established standards and labor protection requirements;<\/span><\/p>\n

compulsory state social insurance against industrial accidents and occupational diseases in the manner prescribed by law;<\/span><\/p>\n

refusal to perform work in the event of a danger to his life and health due to violation of labor protection requirements until such danger is eliminated;<\/span><\/p>\n

a request for an inspection of labor conditions and safety at his workplace by the body exercising state control and supervision of compliance with labor safety requirements;<\/span><\/p>\n

training in safe labor methods and techniques at the expense of the employer;<\/span><\/p>\n

benefits and compensation established by law;<\/span><\/p>\n

compensation by the employer for harm caused to life and health in connection with a work injury, occupational disease or other damage to health associated with the performance of his job duties;<\/span><\/p>\n

personal participation or participation through his representatives in the consideration of issues related to ensuring safe working conditions at his workplace, and in the investigation of an accident at work or his occupational disease;<\/span><\/p>\n

an extraordinary medical examination in accordance with medical recommendations with retention of his place of work (position) and average salary for the duration of the specified medical examination;<\/span><\/p>\n

training and retraining at the expense of the employer in the event of liquidation of a workplace due to violation of labor protection requirements.<\/span><\/p>\n

An employee may have other rights in accordance with the law.<\/span><\/p>\n

The employee is obliged:<\/span><\/p>\n

comply with the requirements of legal acts and labor protection rules;<\/span><\/p>\n

use personal protective equipment correctly;<\/span><\/p>\n

undergo labor safety briefings, training and advanced training on labor safety issues;<\/span><\/p>\n

undergo mandatory medical examinations;<\/span><\/p>\n

immediately notify the employer of any situation that poses an immediate threat to the life and health of people, as well as of any industrial accident that occurs during or in connection with work.<\/span><\/p>\n

The employee may also bear other responsibilities in accordance with the law.<\/span><\/p>\n

Article 356. Guarantees to ensure conditions that meet labor protection requirements<\/span><\/p>\n

The state guarantees workers the protection of their right to work in conditions that meet labor protection requirements.<\/span><\/p>\n

The working conditions provided for in the employment contract must comply with labor protection requirements.<\/span><\/p>\n

During the suspension of the employer’s activities due to violation of labor protection requirements, the employee retains his place of work (position) and average salary. During this time, the employee, with his consent, can be transferred by the employer to another job with wages for the work performed, but not lower than the average wage for the previous job.<\/span><\/p>\n

If an employee refuses to perform work in the event of a danger to his life and health, the employer is obliged to provide the employee with another job while such danger is eliminated.<\/span><\/p>\n

If providing another job for objective reasons is impossible for an employee, the employee\u2019s downtime until the danger to his life and health is eliminated is paid by the employer in accordance with part two of Article 266 of this Code.<\/span><\/p>\n

If the employee is not provided with personal and collective protective equipment in accordance with established standards, the employer does not have the right to require the employee to perform labor duties and is obliged to pay for downtime arising for this reason in accordance with part two of Article 266 of this Code.<\/span><\/p>\n

An employee\u2019s refusal to perform work in the event of a danger to his life and health due to violation of labor protection requirements or to perform work under harmful and (or) dangerous working conditions not provided for in the employment contract does not entail his being subject to disciplinary liability.<\/span><\/p>\n

In the event of harm to the life and health of an employee in connection with the performance of his job duties, compensation for said harm is carried out in accordance with the law.<\/span><\/p>\n

In order to prevent and eliminate violations of labor protection requirements, the state ensures the organization and implementation of state control and supervision over their compliance and establishes the responsibility of the employer and his officials for violation of these requirements.<\/span><\/p>\n

Article 357. Guarantees of the right to labor protection when hiring and transferring an employee to another job<\/span><\/p>\n

Hiring and transferring an employee to another job that is contraindicated for health reasons is prohibited.<\/span><\/p>\n

When hiring and transferring an employee to another job with a known high level of possible threat to life and health, the employer is obliged to warn him about this.<\/span><\/p>\n

Article 358. The right of an employee to refuse to perform work that poses a threat to his life and health<\/span><\/p>\n

An employee, having immediately notified the employer of the occurrence of circumstances threatening his life and health during work, has the right to refuse to perform the relevant work until the circumstances threatening his life and health are eliminated. During this period, the employee retains his average salary.<\/span><\/p>\n

If it is established that no circumstances threatening the life and health of the employee have arisen, the employer has the right to initiate an internal investigation against the employee in the manner established by Articles 302 – 311 of this Code.<\/span><\/p>\n

Article 359. Rights and obligations of the employer in the field of labor protection<\/span><\/p>\n

The employer has the right:<\/span><\/p>\n

require workers to comply with norms, rules and instructions on labor protection and safe work;<\/span><\/p>\n

conduct examinations of employees to determine whether they are under the influence of alcohol, drugs or toxic substances;<\/span><\/p>\n

obtain information about the severity of work-related injuries received by employees, whether they have a disease that could lead to injury, as well as about their being under the influence of alcohol, drugs or toxic substances;<\/span><\/p>\n

appeal the decisions of the bodies exercising state control and supervision of compliance with labor protection requirements, the actions (inaction) of their officials to a higher authority in the order of subordination or to an official or directly to the court;<\/span><\/p>\n

apply measures of encouragement and material incentives for workers for compliance with labor protection requirements;<\/span><\/p>\n

bring to disciplinary liability workers guilty of violating labor protection requirements.<\/span><\/p>\n

The employer may have other rights in accordance with the law.<\/span><\/p>\n

The employer is obliged:<\/span><\/p>\n

ensure that working conditions at each workplace comply with labor protection requirements;<\/span><\/p>\n

create and ensure the functioning of a labor protection management system;<\/span><\/p>\n

ensure the safety of workers during the operation of buildings, structures, equipment, implementation of technological processes, as well as when using raw materials and materials in the production, performance of work and provision of services;<\/span><\/p>\n

monitor the state of working conditions in the workplace, especially harmful production factors and hazardous production factors;<\/span><\/p>\n

promptly inform employees about working conditions, including the risk of occupational and other diseases, the state of labor protection at specific workplaces and production facilities, as well as the benefits and compensation they are entitled to in connection with this, individual and collective protective equipment;<\/span><\/p>\n

create a labor protection service and a road safety service in the manner prescribed by law;<\/span><\/p>\n

provide workers with milk, therapeutic and preventive nutrition, carbonated salt water, personal protective equipment and hygiene equipment, as well as collective protective equipment according to established standards;<\/span><\/p>\n

provide sanitary and medical care for workers in accordance with legislative acts, as well as labor protection rules;<\/span><\/p>\n

ensure that workers receive instructions on labor protection, training, retraining, advanced training and testing of their knowledge on labor protection issues;<\/span><\/p>\n

do not allow persons to work who have not undergone training, instructions and knowledge testing on labor protection;<\/span><\/p>\n

carry out certification of workplaces according to working conditions in workplaces with harmful, dangerous and other working conditions, in which employees are provided with benefits and compensation, and are given the right to retire on preferential terms, under which persons with disabilities are employed, in the manner established by law;<\/span><\/p>\n

organize mandatory preliminary (upon employment) and periodic (during employment) medical examinations;<\/span><\/p>\n

provide the bodies exercising state control and supervision over compliance with labor protection requirements, as well as trade unions and other representative bodies of workers with information and materials necessary for their control, supervision and monitoring of the state of labor protection, investigation of industrial accidents and occupational diseases;<\/span><\/p>\n

take measures to prevent emergency situations, preserve the life and health of workers when such situations arise, including providing first aid to victims;<\/span><\/p>\n

promptly comply with the instructions of the bodies exercising state control and supervision of compliance with labor protection requirements, and consider the submissions of trade unions and other representative bodies of workers;<\/span><\/p>\n

provide compulsory state social insurance of workers against industrial accidents and occupational diseases, as well as compulsory insurance of the employer\u2019s civil liability;<\/span><\/p>\n

conduct investigations of industrial accidents and occupational diseases, as well as keep records of them.<\/span><\/p>\n

The employer may also bear other responsibilities in accordance with the law.<\/span><\/p>\n

Article 360. Compulsory medical examinations<\/span><\/p>\n

The employer is obliged to organize preliminary (at the conclusion of an employment contract) and periodic (during employment) mandatory medical examinations:<\/span><\/p>\n

persons under the age of eighteen;<\/span><\/p>\n

persons who have reached the generally established retirement age;<\/span><\/p>\n

persons with disabilities;<\/span><\/p>\n

those employed in work with unfavorable working conditions, night work, as well as work related to the movement of vehicles;<\/span><\/p>\n

those employed in the food industry, trade and other industries directly serving the population;<\/span><\/p>\n

pedagogical and other employees of general secondary educational organizations, preschool educational organizations and other organizations directly involved in teaching or raising children.<\/span><\/p>\n

The list of work with unfavorable working conditions and other work, during the performance of which preliminary and periodic mandatory medical examinations are carried out, and the procedure for their conduct are established by the Ministry of Health of the Republic of Uzbekistan.<\/span><\/p>\n

Mandatory medical examinations are carried out by medical and preventive institutions that provide medical services to organizations, and in their absence, by the territorial medical and preventive institution at the location of the organization.<\/span><\/p>\n

The obligation to conduct mandatory medical examinations rests with the employer in the event of transfer to another job of persons who, in accordance with the law, are subject to mandatory medical examinations.<\/span><\/p>\n

Employees do not bear any costs in connection with undergoing mandatory medical examinations.<\/span><\/p>\n

Employees do not have the right to avoid undergoing mandatory medical examinations.<\/span><\/p>\n

The employer is obliged to remove from work persons who have not passed a mandatory medical examination or who evade the implementation of recommendations issued by medical commissions based on the results of a mandatory medical examination.<\/span><\/p>\n

An employee has the right to request an extraordinary compulsory medical examination if he believes that the deterioration of his health is related to working conditions.<\/span><\/p>\n

During the period of mandatory medical examinations, the employee retains his place of work (position) and average salary.<\/span><\/p>\n

Article 361. Requirements for workplaces<\/span><\/p>\n

Buildings (structures) in which workplaces are located must, in their structure, comply with their functional purpose and occupational safety and health requirements.<\/span><\/p>\n

Work equipment must comply with safety standards established for this type of equipment, have appropriate technical passports (certificate), warning signs and be provided with fences or protective devices to ensure the safety of workers in the workplace.<\/span><\/p>\n

Emergency routes and exits for workers from the premises must be marked, remain clear and lead to the open air or to a safe area.<\/span><\/p>\n

Danger areas must be clearly marked. If workplaces are located in hazardous areas in which, due to the nature of the work, there is a risk for the employee, then such places must be equipped with devices that block access to these areas by unauthorized persons.<\/span><\/p>\n

Pedestrians and technological vehicles must move within the organization\u2019s territory in safe conditions.<\/span><\/p>\n

During working hours, the temperature, lighting, and ventilation in the room where the workplaces are located must comply with sanitary standards and rules.<\/span><\/p>\n

The following workplaces are subject to certification for working conditions:<\/span><\/p>\n

workplaces where employees are provided with benefits and compensation based on working conditions in the manner prescribed by law;<\/span><\/p>\n

workplaces occupied by persons with disabilities;<\/span><\/p>\n

jobs indicated in the lists of production, institutions, works, professions, positions and indicators that give the right to a pension on preferential terms;<\/span><\/p>\n

workplaces at hazardous production facilities.<\/span><\/p>\n

Legislation, as well as collective agreements and collective agreements may provide for certification of other workplaces based on working conditions.<\/span><\/p>\n

Article 362. Instructing and training workers on labor protection<\/span><\/p>\n

For all new employees, as well as those transferred to another job, the employer is obliged to provide instructions on labor protection, organize training in safe methods and techniques for performing work and providing assistance to victims of industrial accidents.<\/span><\/p>\n

For workers entering work in high-risk industries or jobs where professional selection is required, preliminary training in safe methods and techniques for performing work, training in labor protection for one month with passing exams and subsequent mandatory periodic certification on labor protection issues are carried out. .<\/span><\/p>\n

Employees of organizations, including managers, must undergo training, instruction, and knowledge testing on labor protection in the manner and within the time limits established for their professions and types of work by the bodies responsible for state management of labor protection.<\/span><\/p>\n

The employer is obliged to remove from work persons who have not undergone training, instructions and testing of knowledge on labor protection in accordance with the established procedure.<\/span><\/p>\n

Article 363. Providing workers with milk, therapeutic and prophylactic nutrition, carbonated salt water, personal protective equipment and hygiene<\/span><\/p>\n

Workers engaged in work with unfavorable working conditions are provided free of charge with milk (other equivalent food products), therapeutic and preventive nutrition, carbonated salt water (working in hot shops), special clothing, sanitary clothing, special footwear and other personal protective equipment and hygiene. according to established standards. The list of such works, norms for issuing them, the procedure and conditions for providing them are established by collective agreements, collective agreement, and if they are not concluded, they are determined by the employer in agreement with the trade union committee in accordance with the standards established by law.<\/span><\/p>\n

The acquisition, storage, washing, cleaning, repair, disinfection and disposal of personal protective equipment for employees is carried out at the expense of the employer.<\/span><\/p>\n

Article 364. Transfer of an employee to an easier job or one that excludes exposure to adverse production factors due to health reasons<\/span><\/p>\n

An employee who, for health reasons, needs to be provided with easier work or one that excludes the impact of adverse production factors, the employer is obliged to transfer, with his consent, to such work in accordance with a medical report, temporarily or without a time limit.<\/span><\/p>\n

When an employee is transferred for health reasons to an easier job or a lower-paying job that excludes exposure to adverse production factors, he will retain the same average salary for two weeks from the date of transfer.<\/span><\/p>\n

An employee temporarily transferred to another lower-paid job due to tuberculosis or another occupational disease is issued, for the duration of the transfer, but not more than two months, a temporary disability benefit in such an amount that, together with the salary for the new job, it does not exceed actual salary from previous job. If another job was not provided by the employer within the period specified in the certificate of incapacity for work, then for the days missed as a result, this benefit is paid on a general basis.<\/span><\/p>\n

For employees temporarily transferred to a lower-paid job due to a work-related injury or other work-related health injury, the employer responsible for the injury pays the difference between their previous earnings and earnings for the new job. This difference is paid until the ability to work is restored or disability is established.<\/span><\/p>\n

Legislation may also provide for other cases of maintaining the previous average salary or payment of state social insurance benefits when transferring for health reasons to an easier or lower-paid job that excludes the impact of adverse production factors.<\/span><\/p>\n

Article 365. Providing first medical aid to employees and their transportation to medical institutions<\/span><\/p>\n

The employer is obliged to take measures aimed at providing first medical aid to employees who become ill at the place of work.<\/span><\/p>\n

Transportation to medical institutions for employees who fall ill at the place of work, if necessary, is carried out at the expense of the employer.<\/span><\/p>\n

Article 366. Investigation and recording of industrial accidents and occupational diseases<\/span><\/p>\n

Accidents at work and occupational diseases are subject to mandatory investigation and recording.<\/span><\/p>\n

The employer is obliged to promptly investigate and record industrial accidents and occupational diseases.<\/span><\/p>\n

The procedure for investigating and recording industrial accidents and occupational diseases is established by the Cabinet of Ministers of the Republic of Uzbekistan.<\/span><\/p>\n

SECTION V. PROFESSIONAL TRAINING, RETRAINING AND IMPROVING THE QUALIFICATIONS OF WORKERS<\/span><\/p>\n

Chapter 21. General provisions<\/span><\/p>\n

Article 367. The concept of professional training, retraining and advanced training of workers<\/span><\/p>\n

Professional training of workers means training of workers aimed at developing theoretical and applied knowledge, as well as developing skills and abilities that allow them to carry out professional activities in a certain field and (or) perform work in a specific profession or specialty. Professional training of employees is carried out on a voluntary basis at the direction of the employer in educational organizations.<\/span><\/p>\n

Retraining of workers refers to the training of workers in order to master new professional knowledge, skills and abilities in connection with changed requirements for technology or the labor process or to master a new profession.<\/span><\/p>\n

Advanced training is understood as improving the level of professional knowledge, skills and abilities of an employee, characterizing readiness to perform work in the employee\u2019s profession and specialty.<\/span><\/p>\n

Retraining and advanced training of employees can be carried out voluntarily or compulsory for the employee and the employer, if the requirement for mandatory retraining and advanced training of employees is established by labor legislation and other legal acts on labor, or an employment contract.<\/span><\/p>\n

Retraining and advanced training of employees can be carried out at the given employer or at the relevant educational organization or at another employer.<\/span><\/p>\n

Retraining and advanced training of employees can also be carried out in the form of mentoring.<\/span><\/p>\n

Article 368. Mentoring<\/span><\/p>\n

Mentoring is understood as a type of retraining or advanced training of employees, in which the most experienced employees of the organization (mentors) ensure the systematic transfer of knowledge, skills and abilities necessary to carry out a specific job function to less experienced employees.<\/span><\/p>\n

Mentoring is carried out between employees of the organization and is formalized by order of the employer.<\/span><\/p>\n

The basis for issuing an order for mentoring is an additional agreement to the employment contract or an employment contract with the mentor, if it initially included the appropriate conditions for mentoring. The relevant conditions for mentoring mean the working time spent by the mentor on training a less experienced employee, the amount of remuneration for performing the function of a mentor and other conditions that do not contradict this Code, collective agreements, local and other acts containing labor law norms.<\/span><\/p>\n

During the period of mentoring, the mentor is the immediate supervisor of a less experienced employee and has the right to demand from him the appropriate performance of labor functions and compliance with labor discipline.<\/span><\/p>\n

If a mentor is appointed, a corresponding clause regarding this condition is made in the employment contract of a less experienced employee.<\/span><\/p>\n

The procedure for mentoring is determined by labor legislation and other legal acts on labor, and an employment contract.<\/span><\/p>\n

Article 369. Concepts of employee qualifications and professional standards<\/span><\/p>\n

The qualifications of an employee are the level of professional knowledge, abilities, skills, competence and work experience of the employee, characterizing his readiness to perform a certain type of professional activity.<\/span><\/p>\n

A professional standard is a standard that defines the requirements for the level of qualifications, competence, quality and working conditions, containing a description of the main labor functions and the conditions for their implementation. The procedure for the development, approval and application of professional standards is established by law.<\/span><\/p>\n

If the legislation establishes requirements for the qualifications necessary for an employee to perform a certain job function, professional standards in terms of these requirements are mandatory for use by employers.<\/span><\/p>\n

The characteristics of qualifications contained in professional standards and the mandatory use of which are not established in accordance with part three of this article are used by employers as the basis for determining the requirements for the qualifications of workers, taking into account the characteristics of the labor functions performed by employees, determined by the technologies used and the accepted organization of production and labor.<\/span><\/p>\n

Article 370. Rights and obligations of the employer for retraining and advanced training of employees<\/span><\/p>\n

The need for retraining and advanced training of employees is determined by the employer, except for cases where the need for retraining and advanced training of employees is established by labor legislation and other legal acts on labor.<\/span><\/p>\n

The procedure for sending employees for retraining and advanced training is determined by labor legislation and other legal acts on labor, and an employment contract.<\/span><\/p>\n

If an employee is sent for retraining or advanced training that is mandatory for both the employer and the employee, the employer is obliged to retain the employee\u2019s place of work (position) and average salary for the period of retraining or advanced training.<\/span><\/p>\n

If retraining or advanced training is carried out on a voluntary basis, the employer is obliged to retain the employee\u2019s place of work (position) for the period of retraining or advanced training. The issue of maintaining the average wage for an employee is resolved in a collective agreement or other local act adopted by the employer in agreement with the trade union committee or by agreement of the parties to the employment contract.<\/span><\/p>\n

The forms of retraining and advanced training of workers, the list of required professions and specialties are determined by the employer in agreement with the trade union committee.<\/span><\/p>\n

Article 371. Rights and obligations of workers during professional training, retraining and advanced training<\/span><\/p>\n

Employees have the right to professional training, retraining and advanced training in the manner established by this Code, other legal acts on labor, and an employment contract.<\/span><\/p>\n

When undergoing professional training, retraining and advanced training, employees are required to comply with the rules established by the educational organization and present the results of professional training, retraining and advanced training to the employer. When undergoing professional training, retraining and advanced training, employees may bear other responsibilities established by this Code, other regulations and other legal acts on labor, and an employment contract.<\/span><\/p>\n

Article 372. Paid practical training and paid internship<\/span><\/p>\n

Paid industrial practice is understood as the practical part of the educational process of professional training, carried out with the aim of acquiring professional skills and work experience by the trainee and, in accordance with the curriculum, providing for the placement of the trainee in a vacant position available to the employer.<\/span><\/p>\n

A paid internship is the stage of professional training of an employee directly at the workplace for the purpose of forming and consolidating in practice professional knowledge, skills and abilities obtained as a result of theoretical training, in cases where the internship is a necessary condition for working in a certain profession, specialty, qualification or position .<\/span><\/p>\n

A fixed-term employment contract is concluded with a person undergoing a paid practical training or paid internship for the duration of the practical training or internship. At the same time, the employment contract, along with the mandatory terms of the employment contract, must identify the person supervising the practice or internship.<\/span><\/p>\n

Chapter 22. Industrial training agreement<\/span><\/p>\n

Article 373. Concept of industrial training agreement<\/span><\/p>\n

An industrial training agreement is an agreement on training in professional knowledge, skills, skills or retraining, concluded between an employer and a student (a person working for the employer or a person looking for a job) to undergo training on-the-job or off-the-job under an employment contract.<\/span><\/p>\n

Article 374. Contents of the industrial training agreement<\/span><\/p>\n

The industrial training agreement must contain:<\/span><\/p>\n

names of the parties;<\/span><\/p>\n

an indication of the specific qualification acquired by the student;<\/span><\/p>\n

the obligation of the employer to provide the student with the conditions necessary to undergo industrial training;<\/span><\/p>\n

the student\u2019s obligation to undergo industrial training and, in accordance with the qualifications obtained, work under an employment contract with the employer for the period established in the industrial training contract;<\/span><\/p>\n

period of industrial training;<\/span><\/p>\n

amount of remuneration during the training period;<\/span><\/p>\n

details of the parties.<\/span><\/p>\n

The industrial training agreement may contain other conditions determined by agreement of the parties.<\/span><\/p>\n

The period of service under an employment contract with the employer, established in the industrial training agreement, must be proportionate to the period of industrial training and the employer\u2019s costs for its implementation and in any case cannot exceed the maximum period established for a fixed-term employment contract in accordance with paragraph three of part one of Article 110 of this Code.<\/span><\/p>\n

Article 375. Duration and form of the industrial training agreement<\/span><\/p>\n

The industrial training contract is concluded for the period necessary to obtain the qualifications required to perform a specific job.<\/span><\/p>\n

The industrial training agreement is concluded in writing in at least two copies of equal force, each of which is signed by the parties.<\/span><\/p>\n

Each copy of the industrial training agreement is sealed with the signatures of the student and the official who has the right to hire. If the employer has a seal, the signature of the official on all copies of the industrial training agreement is certified by the seal.<\/span><\/p>\n

One copy of the industrial training agreement is given to the student, the other (others) is (are) kept by the employer. Receipt by the student of a copy of the industrial training agreement is confirmed by the additional signature of the student on a copy of the industrial training agreement kept by the employer.<\/span><\/p>\n

Article 376. Validity of an industrial training agreement<\/span><\/p>\n

The industrial training agreement is valid from the date specified in this agreement for the period stipulated by it. During the period of validity of the industrial training contract, apprentices are subject to labor legislation, as well as labor protection rules.<\/span><\/p>\n

The validity of the industrial training agreement is extended for the duration of the student\u2019s illness, military training, or by agreement of the parties.<\/span><\/p>\n

During the validity period of the industrial training agreement, its content can be changed only by agreement of the parties.<\/span><\/p>\n

Article 377. Forms of industrial training<\/span><\/p>\n

Industrial training is organized in the form of individual, team, course training and other forms.<\/span><\/p>\n

Article 378. Time of industrial training<\/span><\/p>\n

The apprentice’s on-the-job training time during the week should not exceed the standard working hours established for this category of workers.<\/span><\/p>\n

Students undergoing industrial training in an organization, by agreement with the employer, can be completely released from work under an employment contract or perform this work on a part-time basis.<\/span><\/p>\n

During the period of validity of the industrial training contract, the student should not be involved in overtime work, nor should he be sent on business trips not related to industrial training.<\/span><\/p>\n

Article 379. Payment to students during industrial training<\/span><\/p>\n

During the period of on-the-job training, students are paid a stipend, the amount of which is determined by the on-the-job training agreement and depends on the qualifications obtained, but cannot be lower than the minimum wage established by law.<\/span><\/p>\n

Article 380. Invalidity of the terms of an industrial training agreement<\/span><\/p>\n

The terms of the industrial training contract that worsen the student\u2019s position in comparison with the conditions provided for by this Code, legislation and other legal acts on labor are invalid.<\/span><\/p>\n

Article 381. Rights and obligations of students upon completion of industrial training<\/span><\/p>\n

For job seekers who have successfully completed industrial training, when concluding an employment contract with the employer from whom they were trained, a probationary period is not established.<\/span><\/p>\n

If a student, upon completion of industrial training, without good reason, does not fulfill his obligations under the industrial training agreement and (or) under the employment contract, including not starting work, he, at the request of the employer, returns to him the stipend received during industrial training, as well as reimburses other expenses incurred by the employer in connection with undergoing industrial training, calculated in proportion to the time actually not worked after completion of training in accordance with Article 348 of this Code.<\/span><\/p>\n

Article 382. Grounds for termination of an industrial training contract<\/span><\/p>\n

The industrial training agreement is terminated at the end of the industrial training period or on the grounds provided for in this agreement.<\/span><\/p>\n

Chapter 23. Guarantees and compensation for employees combining work with training<\/span><\/p>\n

Article 383. Creation of conditions for combining work with training<\/span><\/p>\n

For employees undergoing training in educational organizations, retraining or advanced training, as well as on-the-job training under an employment contract, the employer is obliged to create the necessary conditions for combining work with training.<\/span><\/p>\n

Employees studying in educational organizations on-the-job under an employment contract, fulfilling the curriculum, are provided with study leave while maintaining the average salary at the place of work, a shortened working week and other guarantees established by labor legislation and other legal acts on labor.<\/span><\/p>\n

When providing students without interruption from work under an employment contract in educational organizations, the employer is obliged, at the request of the students, to coincide these leaves with the time of state certification and defense of final qualifying work for undergraduate <\/span>students, defense of a master’s thesis for master’s students, or at the time of exams and laboratory examination sessions.<\/span><\/p>\n

Newly hired employees studying on the job under an employment contract in general secondary, secondary specialized vocational, higher educational organizations, institutes (courses) of professional training, retraining and advanced training of personnel are granted annual leave at their request until the end of six months of work, if they intend to time their annual leave to coincide with state certification and defense of final qualifying work for undergraduate students, defense of a master’s thesis for master’s students, or during exams and laboratory examination sessions.<\/span><\/p>\n

Article 384. Guarantees for employees entering higher educational organizations to study<\/span><\/p>\n

Employees admitted to entrance examinations are granted leave without pay upon admission to higher educational organizations for a period of at least fifteen calendar days, not counting the time of travel to the location of educational organizations and back.<\/span><\/p>\n

Article 385. Guarantees and compensations for employees receiving education through evening or correspondence courses<\/span><\/p>\n

Employees studying in evening or correspondence courses at higher and secondary specialized and vocational educational organizations are provided with study leave while maintaining the average salary for the period of participation in the laboratory examination session:<\/span><\/p>\n

for students in the first and second years of evening study in higher educational organizations – at least twenty calendar days, in secondary special, professional educational organizations – at least ten calendar days, and for correspondence courses in higher and secondary special educational organizations – not less than thirty calendar days annually;<\/span><\/p>\n

for students in the third and subsequent years of evening study in higher educational organizations – at least thirty calendar days, in secondary special, professional educational organizations – at least twenty calendar days, and for correspondence courses in higher and secondary special, professional educational organizations – at least forty calendar days annually.<\/span><\/p>\n

Labor legislation or other legal acts on labor may provide for study leaves of longer duration than those provided for in part one of this article.<\/span><\/p>\n

Regular labor leave for employees combining work with study is provided regardless of their use of study leave.<\/span><\/p>\n

The employer pays employees studying at higher educational institutions via correspondence courses for travel to the location of the educational organization and back to participate in a laboratory examination session once a year in the amount of at least fifty percent of the cost of travel. The same amount is paid for travel for passing state certification.<\/span><\/p>\n

Article 386. Procedure for providing guarantees and compensation to employees combining work with training<\/span><\/p>\n

Guarantees and compensations for employees combining work with training are provided when receiving education at the appropriate level for the first time. The specified guarantees and compensations can also be provided to employees who already have an education of the appropriate level and are sent to receive education by the employer in accordance with local acts, <\/span>an employment contract or a separate agreement concluded between the employer and the employee.<\/span><\/p>\n

An employee who combines work with training simultaneously in two organizations engaged in educational activities is provided with guarantees and compensation only in connection with receiving education in one of these organizations (at the employee\u2019s choice).<\/span><\/p>\n

Study leave provided for in part two of Article 383 of this Code is included in the length of service.<\/span><\/p>\n

Article 387. Sabbatical leave<\/span><\/p>\n

Persons combining labor or teaching activities with scientific work are granted sabbatical leave with the preservation of the average salary and position at the place of main work for the duration of:<\/span><\/p>\n

up to three months to complete a dissertation for the degree of Doctor of Philosophy (PhD) and authors of manuscripts of textbooks and teaching aids;<\/span><\/p>\n

up to six months to complete a doctoral dissertation for the degree of Doctor of Science (DSc).<\/span><\/p>\n

When writing textbooks and teaching aids by teams of authors, sabbatical leave is granted to one of the members of the team of authors upon a written application signed by all members of the team of authors. Authors also have the right to distribute vacation time among themselves.<\/span><\/p>\n

Regular annual labor leaves for applicants for academic degrees, as well as authors of textbooks or teaching aids, are granted regardless of their use of sabbatical leave.<\/span><\/p>\n

The procedure for granting sabbatical leave is determined by the Cabinet of Ministers of the Republic of Uzbekistan.<\/span><\/p>\n

SECTION VI. FEATURES OF LEGAL REGULATION OF LABOR OF SEPARATE CATEGORIES OF WORKERS<\/span><\/p>\n

Chapter 24. General provisions<\/span><\/p>\n

Article 388. The concept of the features of legal regulation of labor of certain categories of workers<\/span><\/p>\n

The peculiarities of legal regulation of labor of certain categories of workers mean the establishment for certain categories of workers of provisions that partially limit the application of general rules of labor legislation or provide for additional rules.<\/span><\/p>\n

Article 389. Classification of features of legal regulation of labor of certain categories of workers<\/span><\/p>\n

Features of legal regulation of labor of certain categories of workers are classified according to the following criteria:<\/span><\/p>\n

1) by subjects of labor relations (women, persons engaged in family responsibilities, persons with disabilities, minors);<\/span><\/p>\n

2) by areas, industries and types of labor activity (teaching and medical workers, transport workers and others);<\/span><\/p>\n

3) depending on the severity and (or) harmfulness of working conditions;<\/span><\/p>\n

4) depending on natural and climatic conditions;<\/span><\/p>\n

5) according to the specifics of labor relations between the employee and the employer (home workers, remote workers and others).<\/span><\/p>\n

In accordance with labor legislation and other legal acts on labor, other criteria for classifying the features of the legal regulation of labor of certain categories of workers may be provided.<\/span><\/p>\n

Article 390. Preservation of guarantees when establishing the specifics of legal regulation of labor of certain categories of workers<\/span><\/p>\n

When establishing justified differences, exceptions, preferences, as well as restrictions on the rights of workers in the field of labor and occupations, due to the requirements inherent in this type of work or special care for persons in need of increased social protection (peculiarities of legal regulation of labor), all guarantees are retained for employees of the corresponding categories provided for by this Code and other legal acts on labor, with the exception of certain exceptions established by this Section related to the impossibility of providing certain guarantees for this category of workers.<\/span><\/p>\n

Article 391. The procedure for establishing the features of legal regulation of labor of certain categories of workers<\/span><\/p>\n

Features of the legal regulation of labor, entailing a decrease in the level of guarantees provided to certain categories of workers, limitation of their rights, increase in their disciplinary and (or) financial liability, can be established in cases and in the manner provided for by this Code.<\/span><\/p>\n

Chapter 25. Features of legal regulation of labor of persons in need of increased social and legal protection<\/span><\/p>\n

\u00a7 1. Features of the legal regulation of the labor of women and persons engaged in family responsibilities<\/span><\/p>\n

Article 392. Prohibition of refusal to hire or reduction of wages for reasons of pregnancy or the presence of children<\/span><\/p>\n

Refusal to hire or reduction of wages for reasons related to pregnancy or the presence of children is prohibited.<\/span><\/p>\n

In the event of a refusal to hire, the employer is obliged, at the request of a pregnant woman or a person with children, to provide within three days a written justification for the reasons for the refusal to hire, signed by an official with the right to hire. Failure to provide written justification for the reasons for refusal to hire does not prevent an appeal against refusal to hire.<\/span><\/p>\n

Article 393. Additional measures for women\u2019s labor protection<\/span><\/p>\n

The employer, in agreement with the trade union committee, taking into account recommendations approved by the Ministry of Employment and Labor Relations and the Ministry of Health of the Republic of Uzbekistan in agreement with the Republican Tripartite Commission on Social and Labor Issues, has the right to establish a list of individual jobs with unfavorable working conditions, in which the use of women\u2019s labor is limited.<\/span><\/p>\n

It is prohibited for women to lift and move heavy objects that exceed the maximum permissible norms for them.<\/span><\/p>\n

Maximum permissible load standards for women when lifting and moving heavy objects are established by the Ministry of Employment and Labor Relations of the Republic of Uzbekistan and the Ministry of Health of the Republic of Uzbekistan in agreement with the Republican Tripartite Commission on Social and Labor Issues.<\/span><\/p>\n

Article 394. Transfer of pregnant women to easier work or one that excludes exposure to adverse production factors<\/span><\/p>\n

For pregnant women, in accordance with a medical report, production standards and service standards are reduced, or, at their request, they are transferred to an easier job or one that excludes the impact of adverse production factors while maintaining the average salary for the previous job. The timing of reduction in production standards, as well as temporary transfer to another job, is determined in accordance with a medical report.<\/span><\/p>\n

Until the issue of providing a pregnant woman with easier work or one that excludes the impact of adverse production factors is resolved, she is subject to release from work with the preservation of the average wage for all working days missed as a result.<\/span><\/p>\n

Article 395. Transfer to another job of one of the parents (guardian) caring for a child under two years of age<\/span><\/p>\n

One of the parents (guardian) caring for a child under two years of age, if it is impossible to perform the previous job, is transferred at his request to another job with wages for the work performed, but not lower than the average wage for the previous job until the child reaches age two years.<\/span><\/p>\n

If the employer does not have another job, the employee caring for a child under two years of age is paid child care benefits in the manner prescribed by law.<\/span><\/p>\n

In the event of an individual labor dispute, the burden of proving the impossibility of transferring an employee caring for a child under two years of age to another job rests with the employer.<\/span><\/p>\n

Article 396<\/span><\/p>\n

Pregnant women, one of the parents (a person acting in loco parentis) of a child under the age of fourteen (a child with a disability under the age of sixteen) may be involved in night work, overtime work, work on weekends and non-working holidays, as well as sent to official business trip only with their written consent. At the same time, the employer is obliged to inform these employees about their right to refuse to work at night, overtime, work on weekends and public holidays, or to refuse business trips.<\/span><\/p>\n

Involving pregnant women and women with children under three years of age in night work is permitted if there is a medical certificate confirming that such work does not threaten the life and health of the pregnant woman and child.<\/span><\/p>\n

Article 397. The right of one of the parents (guardian) of a child under three years of age to reduced working hours<\/span><\/p>\n

For one of the parents (guardian) of a child under three years of age working in organizations financed from the budget, the working hours are set to no more than thirty-five hours per week.<\/span><\/p>\n

Remuneration for workers specified in part one of this article with reduced working hours is made in the same amount as for workers with full daily work hours.<\/span><\/p>\n

For one of the parents, guardian of a child under three years of age, working for employers not financed from the budget, reduced working hours may be established by collective agreements, as well as by a collective agreement or local acts adopted by the employer in agreement with the trade union committee.<\/span><\/p>\n

Article 398. Establishment of part-time work for pregnant women and persons engaged in family responsibilities<\/span><\/p>\n

At the request of a pregnant woman, one of the parents (person acting in loco parentis) of a child under the age of fourteen (a child with a disability under the age of sixteen), as well as a person caring for a sick family member in accordance with a medical report, the employer is obliged to establish part-time work.<\/span><\/p>\n

Article 399. Additional day off<\/span><\/p>\n

One of the parents (person in loco parentis) raising a child with a disability under the age of sixteen is given one additional day off per month with payment during this time of benefits in the amount of a day\u2019s salary at the expense of state social insurance funds.<\/span><\/p>\n

Article 400. Benefits for pregnant women and persons engaged in family responsibilities when establishing the order of granting annual leave<\/span><\/p>\n

Pregnant women and women who have given birth to a child are granted annual leave at their request, respectively, before or after maternity leave.<\/span><\/p>\n

Pregnant women are not allowed to be recalled from annual leave.<\/span><\/p>\n

An employee using parental leave is granted annual leave at his request before or after parental leave.<\/span><\/p>\n

Working men are granted annual leave at their request during the period of their wife’s maternity leave:<\/span><\/p>\n

for the first year of work – regardless of the time worked;<\/span><\/p>\n

for subsequent years – regardless of the vacation schedule.<\/span><\/p>\n

Single parents (widows, widowers, divorced, single mothers) and wives of military personnel raising one or more children under the age of fourteen (a child with a disability under the age of sixteen) are granted annual leave at their request at a time convenient for them. them time.<\/span><\/p>\n

Article 401. Additional paid leave for one of the parents (person acting in loco parentis) of children under the age of twelve or a child with a disability under the age of sixteen<\/span><\/p>\n

One of the parents (person in loco parentis) of two or more children under the age of twelve or a child with a disability under the age of sixteen is granted an annual additional paid leave of at least four calendar days.<\/span><\/p>\n

The leave provided for in part one of this article may be added to the annual leave or used separately (in whole or in parts) during the period established by agreement with the employer, but only during the corresponding working year. It is not allowed to transfer this leave to the next working year or replace it with monetary compensation.<\/span><\/p>\n

Article 402. The right of one of the parents (person in loco parentis) of children under the age of twelve or a child with a disability under the age of sixteen to leave without pay<\/span><\/p>\n

One of the parents (person in loco parentis) of two or more children under the age of twelve or a child with a disability under the age of sixteen is granted, at their request, annual leave without pay for a period of at least fourteen calendar days.<\/span><\/p>\n

The leave provided for in part one of this article may be added to the annual leave or used separately (in whole or in parts) during the period established by agreement with the employer, but only during the current working year. It is not allowed to carry over this leave to the next working year.<\/span><\/p>\n

Article 403. Providing pregnant women with additional free days for antenatal (prenatal) care<\/span><\/p>\n

The employer is obliged to provide pregnant women for antenatal (prenatal) care (perinatal screening and diagnosis, mandatory medical examinations and other mandatory medical procedures) in primary health care institutions with additional days off from work while maintaining the average salary.<\/span><\/p>\n

The procedure and timing of antenatal (prenatal) care for pregnant women are established by the Cabinet of Ministers of the Republic of Uzbekistan.<\/span><\/p>\n

Article 404. Maternity leave<\/span><\/p>\n

A woman is granted maternity leave of seventy calendar days before childbirth and fifty-six (in case of complicated childbirth or for the birth of two or more children – seventy) calendar days after childbirth with payment of benefits in the amount established by law, but not less than seventy-five percent from the average monthly salary.<\/span><\/p>\n

Maternity leave is calculated cumulatively and is provided to the woman in full, regardless of the number of days actually used before giving birth.<\/span><\/p>\n

The procedure for assigning and paying maternity benefits is determined by the Cabinet of Ministers of the Republic of Uzbekistan.<\/span><\/p>\n

Article 405. Leave to care for a child under two and up to three years of age<\/span><\/p>\n

At the end of maternity leave, at the request of the woman, she is granted leave to care for the child until he reaches the age of two years with the payment of benefits for this period in the manner determined by the Cabinet of Ministers of the Republic of Uzbekistan.<\/span><\/p>\n

A woman, at her request, is also given additional leave without pay to care for her child until he reaches the age of three years.<\/span><\/p>\n

Child care leave specified in parts one and two of this article can be used in full or in parts by the child\u2019s father, grandmother, grandfather or other relative actually caring for the child, as well as by a guardian.<\/span><\/p>\n

At the request of the woman or the persons specified in part three of this article, while on maternity leave, they can work part-time or, by agreement with the employer, at home. At the same time, they retain the right to receive benefits in accordance with part one of this article.<\/span><\/p>\n

During the period of parental leave, the employee retains his place of work (position). These vacations are counted toward the length of service, but not more than six years in total, including work experience in the specialty.<\/span><\/p>\n

The length of service that gives the right to subsequent annual labor leave does not count the time of child care leave, unless otherwise provided in the collective agreement, as well as in the local act of the organization or in the employment contract.<\/span><\/p>\n

Article 406. Leave for an employee who has adopted a newborn child or has established guardianship over him<\/span><\/p>\n

An employee who has adopted a newborn child or established guardianship over him is granted leave for the period from the date of adoption or establishment of guardianship until the expiration of fifty-six calendar days from the date of birth of the child (in case of simultaneous adoption of two or more children – seventy calendar days) with payment of benefits in the amount established by law, but not less than seventy-five percent of the average monthly salary.<\/span><\/p>\n

Upon a written application from an employee who has adopted a newborn child or established guardianship over him, the employee is granted leave to care for the child until he reaches the age of two years with payment of benefits for this period in the manner determined by the Cabinet of Ministers of the Republic of Uzbekistan, as well as unpaid leave wages until the child reaches three years of age.<\/span><\/p>\n

Article 407. Breaks for feeding a child<\/span><\/p>\n

One of the parents (guardian) of a child under two years of age, in addition to a break for rest and food, is provided with additional breaks for feeding the child. These breaks are provided at least every three hours, lasting at least thirty minutes each. If there are two or more children under two years of age, the duration of the break is set at least an hour. Breaks for feeding a child are included in working hours and are paid at the average wage.<\/span><\/p>\n

At the request of the parent (guardian) of a child under two years of age, breaks for feeding the child can be added to the break for rest and nutrition or transferred, including in aggregate form, to the beginning or end of the working day (shift) with its corresponding ( her) abbreviation.<\/span><\/p>\n

Breastfeeding breaks are provided only if the other parent is not on parental leave and does not use such breaks.<\/span><\/p>\n

The specific duration of breaks for feeding the child and the procedure for their provision are established in the collective agreement, and if it is not concluded, they are determined by the employer in agreement with the trade union committee.<\/span><\/p>\n

Article 408. Guarantees for pregnant women upon termination of an employment contract<\/span><\/p>\n

Termination of an employment contract with pregnant women at the initiative of the employer is not permitted, except in cases of liquidation of the organization (its separate division) or termination of the activities of an individual entrepreneur.<\/span><\/p>\n

If a fixed-term employment contract expires during a woman\u2019s pregnancy, the employer is obliged, upon her written application and upon provision of a medical certificate confirming the state of pregnancy, to extend the term of the employment contract until the end of the pregnancy, and when granting her maternity leave – until the end of such leave . A woman whose employment contract has been extended until the end of her pregnancy is obliged, at the request of the employer, but not more than once every three months, to provide a medical certificate confirming the state of pregnancy. If the woman actually continues to work after the end of her pregnancy, then the employer has the right to terminate the employment contract with her due to its expiration within a week from the day the employer learned or should have learned about the end of the pregnancy.<\/span><\/p>\n

Termination of an employment contract due to its expiration with a woman during her pregnancy is permitted if the employment contract was concluded for the duration of the duties of the absent employee and it is impossible, with the written consent of the woman, to transfer her before the end of pregnancy to another job available to the employer, which the woman can carry out taking into account her state of health.<\/span><\/p>\n

When an employment contract with a pregnant woman is terminated, the woman retains the right to receive maternity benefits for the period specified in part one of Article 404 of this Code.<\/span><\/p>\n

Article 409. Guarantees upon termination of an employment contract with an employee who has a child under three years of age<\/span><\/p>\n

Termination of an employment contract at the initiative of the employer with a woman who has a child under three years of age or with a father (guardian) raising a child under three years of age alone is allowed only on the grounds provided for in paragraphs 1 , 4 and 5 of part two of Article 161 of this Code.<\/span><\/p>\n

Upon termination of the employment contract with the employees specified in part one of this article, they retain the right to receive child care benefits.<\/span><\/p>\n

Termination of an employment contract at the initiative of the employer with an employee who was on parental leave until the child turns three years old, due to the employee\u2019s inadequacy for the position held or the work performed due to insufficient qualifications in accordance with paragraph 3 of part two of Article 161 of this Code, is not allowed for a period of one year from the date the employee returns from parental leave.<\/span><\/p>\n

Article 410. Condition for providing guarantees to one of the persons engaged in the performance of family responsibilities<\/span><\/p>\n

In cases where this Code provides for the provision of additional guarantees in the field of labor to the child\u2019s father or other persons engaged in family responsibilities (with the exception of the mother), they must present to the employer at the place of work a document confirming that the child\u2019s mother or other person engaged in family responsibilities duties, does not enjoy these guarantees (certificate of employment, death certificate, a court decision that has entered into legal force declaring the mother and another person involved in family responsibilities incompetent or deprived of parental rights, and others).<\/span><\/p>\n

If the child\u2019s mother does not work and is busy caring for and raising the child, or works and enjoys the guarantees provided for in this paragraph, then the father or other persons involved in family responsibilities are not provided with these guarantees.<\/span><\/p>\n

\u00a7 2. Features of the legal regulation of labor of workers under the age of eighteen<\/span><\/p>\n

Article 411. Guarantees when hiring persons under the age of eighteen<\/span><\/p>\n

Persons under the age of eighteen, in accordance with the Law of the Republic of Uzbekistan \u201cOn Employment,\u201d are guaranteed employment in reserved jobs against the established minimum number of jobs as directed by local labor authorities.<\/span><\/p>\n

Article 412. Work in which the employment of persons under the age of eighteen is prohibited<\/span><\/p>\n

It is prohibited to employ persons under the age of eighteen in work with harmful and (or) dangerous working conditions, in underground work, as well as in work the performance of which may cause harm to their life and health, safety and moral development (work in night cabarets and <\/span>clubs, production, transportation and trade of alcoholic beverages, tobacco products, narcotic and psychotropic substances, toxic drugs and others).<\/span><\/p>\n

It is prohibited for workers under the age of eighteen to lift and move heavy objects that exceed the maximum permissible standards established for them.<\/span><\/p>\n

The list of jobs in which the employment of workers under the age of eighteen is prohibited and the performance of which may cause harm to the health and moral development of minors, as well as the maximum permissible standards when lifting and moving heavy objects, is approved by the Ministry of Employment and Labor Relations of the Republic of Uzbekistan and the Ministry of Health of the Republic of Uzbekistan in agreement with the Republican Tripartite Commission on Social and Labor Issues.<\/span><\/p>\n

Article 413. Labor rights of persons under the age of eighteen<\/span><\/p>\n

Persons under the age of eighteen in individual labor relations are equal in rights to adult workers, and in the field of labor protection, working hours, vacations and other working conditions, they enjoy additional benefits established for them by labor legislation and other legal acts on labor.<\/span><\/p>\n

Article 414. Compulsory medical examinations of persons under the age of eighteen<\/span><\/p>\n

Persons under the age of eighteen are hired only after a preliminary compulsory medical examination and subsequently, until they reach the age of eighteen, are subject to a compulsory medical examination annually.<\/span><\/p>\n

The mandatory medical examinations provided for in Article 360 \u200b\u200bof this Code are carried out at the expense of the employer.<\/span><\/p>\n

Article 415. Reduced working hours for an employee under the age of eighteen<\/span><\/p>\n

For workers aged sixteen to eighteen years, working hours are set to no more than thirty-six hours per week, and for persons aged from fifteen to sixteen years – no more than twenty-four hours per week.<\/span><\/p>\n

The length of working time of students working during the academic year in their free time from school cannot exceed half of the maximum working time provided for by part one of this article for persons of the corresponding age.<\/span><\/p>\n

Article 416. Duration of daily work (shift) for workers under the age of eighteen<\/span><\/p>\n

The duration of daily work (shift) cannot exceed:<\/span><\/p>\n

for workers aged fifteen to sixteen years – with a six-day working week – four hours, with a five-day working week – five hours, and from sixteen to eighteen years old – with a six-day working week – six hours, with a five-day working week – seven hours thirty minutes;<\/span><\/p>\n

for students of general secondary, secondary special and vocational educational organizations who combine study with work during the academic year, from fifteen to sixteen years of age with a six-day working week – two hours, with a five-day working week – two hours and thirty minutes, and at the age of sixteen to eighteen years old with a six-day working week – three hours, and with a five-day working week – four hours.<\/span><\/p>\n

Article 417. Prohibition of sending on business trips, engaging in overtime work, night work, weekends and non-working holidays of workers under the age of eighteen<\/span><\/p>\n

It is prohibited to send workers under the age of eighteen on business trips, to work overtime, to work at night, on weekends and non-working holidays.<\/span><\/p>\n

An exception to the rule provided for in part one of this article are 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, in in accordance with the 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.<\/span><\/p>\n

Article 418. Annual extended labor leave for employees under the age of eighteen<\/span><\/p>\n

Employees under the age of eighteen are granted annual leave of at least thirty calendar days and can be used by them at any time of the year convenient for them.<\/span><\/p>\n

If the working year for which annual labor leave is granted covers the period before and after the employee reaches eighteen years of age, the duration of leave is calculated in proportion to the time worked before he reaches eighteen years of age and after he reaches eighteen years of age.<\/span><\/p>\n

Revocation of employees under the age of eighteen from annual leave is not permitted.<\/span><\/p>\n

Article 419. Production standards for workers under the age of eighteen<\/span><\/p>\n

For workers under the age of eighteen, production standards are established based on general production standards in proportion to the reduced working hours established for these workers.<\/span><\/p>\n

For workers under the age of eighteen who enter work after receiving general secondary education or secondary specialized, vocational education, as well as those who have completed training under an industrial training agreement, in accordance with labor legislation and other legal acts on labor, reduced standards may be established by the employment contract production.<\/span><\/p>\n

Article 420. Remuneration for workers under the age of eighteen with reduced working hours<\/span><\/p>\n

Remuneration for workers under the age of eighteen with reduced working hours is made in the same amount as for employees of the corresponding categories with full working hours.<\/span><\/p>\n

When paying time-based wages to employees under the age of eighteen, an additional payment is made to the level of wages for workers in the corresponding categories for the full duration of daily work.<\/span><\/p>\n

The work of workers under the age of eighteen who are admitted to piece work is paid at piece rates established for adult workers, with an additional payment at the tariff rate for the time by which the duration of their daily work is reduced compared to the duration of the daily work of workers who have reached the age of eighteen .<\/span><\/p>\n

Workers under the age of eighteen who work during the academic year in their free time are paid based on the time worked or depending on output.<\/span><\/p>\n

Article 421. Additional guarantees for employees under the age of eighteen upon termination of an employment contract<\/span><\/p>\n

Termination of an employment contract with employees under the age of eighteen at the initiative of the employer is permitted, in addition to observing the general procedure for terminating an employment contract, with the consent of the local labor authority.<\/span><\/p>\n

Article 422. Termination of an employment contract at the request of one of the parents (person in loco parentis) and authorized bodies<\/span><\/p>\n

See previous edition.<\/span><\/p>\n

One of the parents (a person in loco parentis), as well as bodies exercising state supervision and control over compliance with labor protection requirements, and commissions on children’s issues have the right to demand termination of an employment contract with persons under eighteen years of age if continued work threatens their life and health, safety and moral development or is associated with other harm to them.<\/span><\/p>\n

(text of Article 422 of the Law edition of the Republic of Uzbekistan dated April 11, 2023 No. ZRU-829 – National Legislation Database, 04\/12\/2023, No. 03\/23\/829\/0208)<\/span><\/p>\n

\u00a7 3. Features of legal regulation of labor of persons with disabilities<\/span><\/p>\n

Article 423. Guarantees when hiring persons with disabilities<\/span><\/p>\n

Persons with disabilities, in accordance with the Law of the Republic of Uzbekistan \u201cOn Employment,\u201d are guaranteed employment in reserved jobs against the established minimum number of jobs as directed by local labor authorities.<\/span><\/p>\n

Article 424. Prohibition of the employment of persons with disabilities in jobs contraindicated for them due to health reasons<\/span><\/p>\n

It is prohibited to employ persons with disabilities in jobs that are contraindicated for them due to health reasons.<\/span><\/p>\n

Recommendations of the medical and social expert commission on part-time working hours, reduction of workload and other working conditions for persons with disabilities are mandatory for implementation by the employer.<\/span><\/p>\n

Article 425. Labor rights of persons with disabilities<\/span><\/p>\n

Persons with disabilities in individual labor relations have the same rights as other employees, and in the field of labor protection, working hours, vacations and other working conditions they enjoy additional benefits established for them by law, as well as other legal acts on labor.<\/span><\/p>\n

Working conditions, including wages, working hours and rest periods, and the duration of annual leave, established in a collective agreement or employment contract, cannot be lower than those established by law and worsen the conditions or limit the rights of persons with disabilities compared to other employees.<\/span><\/p>\n

Refusal to conclude an employment contract with a person with a disability or to promote him at work, termination of an employment contract with him on the initiative of the employer on the grounds of disability is not allowed, except in cases where, according to the conclusion of a medical and social expert commission, his state of health interferes with the performance of professional duties or threatens the life or health, work safety of a person with a disability or other persons.<\/span><\/p>\n

Article 426. Mandatory medical examinations of persons with disabilities<\/span><\/p>\n

Persons with disabilities are hired only after a preliminary compulsory medical examination and are subsequently subject to a compulsory medical examination annually.<\/span><\/p>\n

Mandatory medical examinations of persons with disabilities provided for in Article 360 \u200b\u200bof this Code are carried out at the expense of the employer.<\/span><\/p>\n

Article 427. Reduced working hours for workers with disabilities of groups I and II<\/span><\/p>\n

For workers with disabilities of groups I and II, the working hours are set to no more than thirty-six hours per week.<\/span><\/p>\n

The duration of daily work (shift) for workers with disabilities of groups I and II is established in accordance with the recommendations of the medical and social expert commission, but should not exceed six hours in a six-day work week and seven hours and thirty minutes in a five-day work week.<\/span><\/p>\n

Article 428<\/span><\/p>\n

Sending on a business trip, as well as involving employees with disabilities in night work, overtime work and work on weekends and non-working holidays is permitted only with their consent, provided that such work is not prohibited for them by the recommendations of the medical and social expert commission.<\/span><\/p>\n

Article 429. Annual leave for workers with disabilities of groups I and II<\/span><\/p>\n

Employees with disabilities of groups I and II are granted annual leave of at least thirty calendar days and can be used by them at any time of the year convenient for them.<\/span><\/p>\n

If the working year for which annual labor leave is granted covers the period before and after the employee\u2019s disability was determined or before and after the employee\u2019s disability was removed by a medical and social expert commission, the duration of the annual labor leave is calculated in proportion to the time worked during the period when the employee was diagnosed with disability, and before the onset of disability or the period of work after the removal of disability.<\/span><\/p>\n

Recall from annual leave of an employee with disability of groups I and II is not allowed.<\/span><\/p>\n

Article 430. The right of an employee with disabilities of groups I and II to leave without pay<\/span><\/p>\n

At the request of an employee with disabilities of groups I and II, based on his written application, the employer is obliged to provide him with annual leave without pay for up to fourteen calendar days.<\/span><\/p>\n

Article 431. Remuneration for workers with disabilities of groups I and II with reduced working hours<\/span><\/p>\n

Remuneration for workers with disabilities of groups I and II with reduced working hours is made in the same amount as for employees of the corresponding professions and positions with full working hours.<\/span><\/p>\n

Chapter 26. Peculiarities of legal regulation of labor, determined by the nature of the labor relationship between the employee and the employer and the place of work<\/span><\/p>\n

\u00a7 1. Features of the legal regulation of labor of persons working part-time<\/span><\/p>\n

Article 432. The concept of part-time work<\/span><\/p>\n

Part-time work is the performance, in addition to his main job, by an employee of other regular paid work under the terms of a separate employment contract in his free time from his main job.<\/span><\/p>\n

Part-time work can be performed by an employee at the place of his main job (internal part-time work) or with another employer (external part-time job).<\/span><\/p>\n

The main place of work of a part-time worker is work for the employer where the employee\u2019s work record is kept, regardless of whether such work is performed on a full-time or part-time basis.<\/span><\/p>\n

Article 433. Restrictions on part-time work<\/span><\/p>\n

Part-time work for persons under the age of eighteen is not allowed in jobs with unfavorable working conditions, if the main job of the part-time worker is related to the same conditions (with the exception of employees of healthcare organizations), and in other cases provided for by law.<\/span><\/p>\n

The employer, in agreement with the trade union committee, may establish restrictions on part-time work in relation to certain professions, specialties and positions, taking into account the peculiarities of working conditions and regime, if part-time work may cause harm to the health of the employee, other persons or the safety of the production process.<\/span><\/p>\n

Article 434. Documents presented when applying for part-time work<\/span><\/p>\n

Persons applying for part-time work with another employer (not at their main place of work) are required to present:<\/span><\/p>\n

passport or equivalent document or identification ID card;<\/span><\/p>\n

a certificate from the main place of work in the form approved by the Ministry of Employment and Labor Relations of the Republic of Uzbekistan;<\/span><\/p>\n

a copy of the work book certified at the place of main work or an extract from the electronic work book when hiring, which, in accordance with the law, can only be performed by persons with a certain length of work experience;<\/span><\/p>\n

diploma, certificate (certificate) or other document on education or professional training, if this work requires special knowledge or special training;<\/span><\/p>\n

a certificate about the nature and working conditions at the main place of work when hiring a job with harmful and (or) dangerous working conditions;<\/span><\/p>\n

savings pension book.<\/span><\/p>\n

When hiring on a part-time basis, the employer does not have the right to require the employee to present any documents, with the exception of a diploma, certificate (certificate) or other document on education or professional training, if the work requires special knowledge or special training in cases where these documents were not previously presented by the employee.<\/span><\/p>\n

When applying for a part-time job, it is prohibited to require documents not provided for by this Code or other acts of legislation.<\/span><\/p>\n

Article 435. Employment contract for part-time work<\/span><\/p>\n

Part-time employment is carried out on the basis of an employment contract and is formalized by order of the employer. In case of internal part-time work, an employee who has <\/span>entered into an employment contract with the employer on the main job, a separate employment contract on part-time work is concluded with him.<\/span><\/p>\n

Employment contracts for part-time work may be concluded with one or more employers, if this does not contradict the law.<\/span><\/p>\n

An employment contract for part-time work must indicate that the work is performed part-time.<\/span><\/p>\n

A fixed-term employment contract may be concluded with persons hired for part-time work.<\/span><\/p>\n

In an employment contract for part-time work, along with the conditions provided for in Article 104 of this Code, the duration of working hours and the mode of part-time work are indicated.<\/span><\/p>\n

Article 436. Entering information about part-time work into the employee\u2019s work book<\/span><\/p>\n

At the written request of the employee, on the basis of a certificate from the place of part-time work, the employer at the main place of work makes a record of external part-time work in the employee\u2019s work book, indicating the periods of work. The form of a certificate of part-time employment is approved by the Ministry of Employment and Labor Relations of the Republic of Uzbekistan.<\/span><\/p>\n

A certificate from a part-time job is stored at the main place of work.<\/span><\/p>\n

In case of internal part-time work, an entry in the employee\u2019s work book is made on the basis of his written application.<\/span><\/p>\n

Article 437. Duration and recording of working time when working part-time<\/span><\/p>\n

The duration of part-time working hours cannot exceed half of the standard working hours established for this category of employees when working part-time (with the exception of medical personnel of healthcare organizations).<\/span><\/p>\n

On days when the employee is free from work duties at his main place of work, he can work part-time full time.<\/span><\/p>\n

If the daily half-working time limit cannot be met for part-time workers, it is permissible to keep a summary record of working time. When maintaining summarized records of working time, the total working time of a part-time job (shift) should not exceed half the standard working time for the part-time position for the accounting period. In this case, the maximum duration of the accounting period is established by the Ministry of Employment and Labor Relations of the Republic of Uzbekistan in agreement with the Republican Tripartite Commission on Social and Labor Issues.<\/span><\/p>\n

In case of internal part-time work, working time is kept separately for the main job and part-time job.<\/span><\/p>\n

Article 438. Remuneration for persons working part-time<\/span><\/p>\n

Remuneration for persons working part-time is made in proportion to the time worked, depending on output or on other conditions determined by the employment contract.<\/span><\/p>\n

When standardized tasks are established for persons working part-time with time-based wages, payment for labor is made based on the final results for the amount of work actually completed.<\/span><\/p>\n

Persons working part-time in areas where regional wage coefficients are established are paid based on these coefficients.<\/span><\/p>\n

The minimum wage for part-time work cannot be lower than the amount calculated on the basis of the minimum wage established by law in proportion to the time worked, depending on the output or other conditions stipulated by the employment contract.<\/span><\/p>\n

When calculating the average salary of an employee, regardless of the purpose of this calculation, wages for work at the main place of work and part-time work are calculated separately.<\/span><\/p>\n

Unless otherwise provided in the collective agreement or in a local act adopted by the employer in agreement with the trade union committee, forms and systems of remuneration, bonuses, additional payments, allowances, and incentive payments to part-time workers are carried out in the manner established for employees for whom this work is the main one.<\/span><\/p>\n

Article 439. Annual leave for persons working part-time<\/span><\/p>\n

For persons working part-time, annual main as well as additional leave, to which part-time workers are entitled, are granted simultaneously with annual leave at their main place of work.<\/span><\/p>\n

If in the first working year the employee worked at a part-time job for less than six months, then annual leave at a part-time job is paid in proportion to the time worked.<\/span><\/p>\n

Annual leave for part-time workers who worked six months in the first working year, as well as annual leave for subsequent years of work, is paid in the usual manner, based on the average salary for a part-time job.<\/span><\/p>\n

In cases where the duration of annual leave for the main job exceeds the duration of leave for part-time work, the employer is obliged, at the request of a part-time worker, to provide him, in addition to annual leave for part-time work, also leave without pay for days that make up the difference in the duration of annual leave for the main job and annual leave for part-time work.<\/span><\/p>\n

Article 440. Peculiarities of making guarantee and compensation payments for part-time work<\/span><\/p>\n

Guarantee and compensation payments to persons combining work with education are provided only at their main place of work.<\/span><\/p>\n

If an employment contract is terminated for certain reasons, employees retain their average salary for the period of employment only upon termination of the employment contract at the main place of work. Other guarantee and compensation payments provided for by labor legislation and other legal acts on labor are provided to persons working part-time in full.<\/span><\/p>\n

Article 441. Additional grounds for termination of an employment contract with persons working part-time<\/span><\/p>\n

In addition to the grounds provided for by this Code and other laws, an employment contract with a person working part-time may be terminated:<\/span><\/p>\n

1) in the case of hiring an employee for this job, for whom this work will be the main one, about which the employer warns the part-time worker in writing at least two weeks before the termination of the employment contract or pays him proportionate monetary compensation;<\/span><\/p>\n

2) in connection with the introduction by law or in accordance with part two of Article 433 of this Code of restrictions on part-time work.<\/span><\/p>\n

Article 442. Payment of severance pay upon termination of an employment contract for part-time work<\/span><\/p>\n

Upon termination of an employment contract for part-time work (internal or external) on the grounds provided for in part two of Article 173 and additional grounds provided for in Article 441 of this Code, the employee is paid severance pay in the amount of his two-week average salary.<\/span><\/p>\n

\u00a7 2. Features of the legal regulation of the work of homeworkers<\/span><\/p>\n

Article 443. The concept of home work<\/span><\/p>\n

Home-based work is work carried out by an individual (homeworker) to produce goods or provide services on orders from an employer in accordance with an employment contract concluded at his place of residence or in other premises owned by the homeworker or members of his family, or rented by him.<\/span><\/p>\n

Homeworkers are subject to labor legislation and other legal acts on labor with the features established by this Code and the Regulations on Home Work, approved by the Cabinet of Ministers of the Republic of Uzbekistan in agreement with the Republican Tripartite Commission on Social and Labor Issues.<\/span><\/p>\n

Article 444. Minimum age for hiring homeworkers<\/span><\/p>\n

A homeworker can be an individual who has reached the age of sixteen.<\/span><\/p>\n

If the nature of <\/span>home work<\/span> predetermines the need to conclude an agreement with the home worker on full individual financial responsibility, persons who have reached the age of eighteen are allowed to carry out home work.<\/span><\/p>\n

Article 445. Conditions for the use of home work<\/span><\/p>\n

The use of home work is permitted provided that the home worker has the necessary premises, including living quarters, to perform home work in accordance with the employment contract, as well as practical skills to perform the work or is trained to perform the work.<\/span><\/p>\n

The transfer of residential premises in which home work is carried out to the category of non-residential premises is not required.<\/span><\/p>\n

Home work is organized on the basis of cooperation between organizations and workers engaged in the production of goods or the provision of services according to their orders at home in those industries and services in which the technological process and other conditions allow the production of certain types of components, semi-finished products, products and work in at home.<\/span><\/p>\n

A homeworker is not allowed to perform work (services) that require:<\/span><\/p>\n

obtaining a license (permit) for the right to carry out certain types of activities established by law;<\/span><\/p>\n

using power, energy-intensive and technically complex equipment, as well as hazardous chemical components at home;<\/span><\/p>\n

compliance with special safety precautions that cannot be controlled at home.<\/span><\/p>\n

The list of equipment, raw materials, supplies and products that cannot be used at home is determined by the Cabinet of Ministers of the Republic of Uzbekistan.<\/span><\/p>\n

Certain types of home-based work (services) in accordance with fire safety rules, sanitary rules, norms and hygienic standards, labor protection rules, as well as the peculiarities of the living conditions of homeworkers can only be permitted with the permission of state fire and sanitary supervision authorities, the State Labor Inspectorate of the Ministry employment and labor relations of the Republic of Uzbekistan.<\/span><\/p>\n

Specific types of work (services) for homeworkers are determined by the employer, taking into account their practical skills and health status (the nature of the work, the equipment and tools used, the properties of raw materials and materials are taken into account, and in relation to persons with disabilities – the recommendations of the medical and social expert commission).<\/span><\/p>\n

Article 446. Employment contract with a home worker<\/span><\/p>\n

An employment contract is concluded in writing between an individual hired to carry out <\/span>home work<\/span> and the employer.<\/span><\/p>\n

An employment contract with a homeworker, along with the conditions provided for in part one of Article 104 of this Code, also includes the following conditions:<\/span><\/p>\n

the procedure for providing equipment, inventory, components, raw materials, materials, semi-finished products for the homeworker to carry out his labor function;<\/span><\/p>\n

procedure for acceptance and delivery of raw materials, materials and finished products;<\/span><\/p>\n

conditions of financial liability;<\/span><\/p>\n

responsibilities of the employer and homeworker to comply with labor protection rules and working conditions;<\/span><\/p>\n

conditions for providing vacations, social insurance, and pensions for homeworkers;<\/span><\/p>\n

the procedure and conditions for reimbursement of expenses of a homeworker in the case of using his own equipment, tools and inventory to fulfill the employer\u2019s order;<\/span><\/p>\n

the procedure for reimbursement (compensation) of homeworker expenses for energy, water, communications used in connection with the execution of the employer\u2019s order;<\/span><\/p>\n

the employer\u2019s obligations to carry out repairs of equipment, tools and inventory transferred to the homeworker for the performance of the labor function stipulated by the employment contract;<\/span><\/p>\n

conditions for compensation to the employer for material damage associated with damage to materials, equipment, tools, as well as complete and partial defects due to the fault of the homeworker;<\/span><\/p>\n

the procedure for conducting an inventory of equipment, tools, equipment, components, raw materials and supplies transferred to the homeworker for use and the conditions for the admission of employer representatives to the premises where home work is carried out;<\/span><\/p>\n

the homeworker\u2019s obligations to notify the employer in the event of the impossibility of fulfilling the employer\u2019s order within the established time frame due to circumstances beyond the homeworker\u2019s control (lack of electricity, water, gas, etc.).<\/span><\/p>\n

The employment contract with a homeworker may provide for other conditions.<\/span><\/p>\n

An approximate form of a written employment contract with a home worker is approved by the Cabinet of Ministers of the Republic of Uzbekistan in agreement with the Republican Tripartite Commission on Social and Labor Issues.<\/span><\/p>\n

Article 447. Participation (assistance) of family members of a homeworker in the performance of work stipulated by the employment contract<\/span><\/p>\n

A homeworker may perform work with the participation (assistance) of his family members without the consent of the employer. In this case, individual labor relations do not arise between family members of the homeworker and the employer. The homeworker is responsible to the employer for the quality of work (services) performed by helping family members.<\/span><\/p>\n

Article 448. Working hours of a home worker<\/span><\/p>\n

When setting a production task for a homeworker, the employer must take into account the time standards for performing certain types of work so that the total working time for performing the entire complex of work per month does not exceed normal or reduced working time.<\/span><\/p>\n

The homeworker independently sets for himself the duration of working hours, work schedule and routine based on the scope of the production task and other conditions determined by the employment contract.<\/span><\/p>\n

Considering that the homeworker distributes working time at his own discretion, all work performed by him is paid in a single amount, and he is not subject to the conditions of payment for overtime work, work on weekends and non-working holidays, as well as for work at night.<\/span><\/p>\n

Article 449. Annual leave for a home worker<\/span><\/p>\n

The duration of a homeworker’s annual leave cannot be less than twenty-one calendar days, unless, in accordance with the law, other legal acts on labor or an employment contract, he has the right to an annual leave of greater duration.<\/span><\/p>\n

The time and order of granting homeworkers annual leave are determined by the schedule approved by the employer by agreement with the homeworker.<\/span><\/p>\n

Article 450. Remuneration for homeworkers<\/span><\/p>\n

Homeworkers are usually paid on a piece-rate basis. Payment is made for work (services) actually performed or products produced that meet the established quality requirements.<\/span><\/p>\n

Production standards and piece rates are established by agreement of the parties based on normal working hours established by labor legislation for the relevant work.<\/span><\/p>\n

For a specific job paid by the piece, the amount of remuneration for a homeworker should be comparable to the conditions of payment for workers employed in the production itself for the employer.<\/span><\/p>\n

The remuneration of a homeworker cannot be lower than the minimum wage established by law, provided that the homeworker fulfills labor standards and job responsibilities, and is not limited to any maximum amount.<\/span><\/p>\n

A homeworker must be paid upon delivery of each completed work assignment, scope of work, or at regular intervals established by labor legislation.<\/span><\/p>\n

The employment contract may provide for advance payment of the homeworker’s wages.<\/span><\/p>\n

If in the area where a homeworker works, a regional wage coefficient has been established, the homeworker must be remunerated taking into account this coefficient.<\/span><\/p>\n

Article 451. Termination of an employment contract with a home worker<\/span><\/p>\n

An employment contract with a homeworker may be terminated on the grounds and in the manner established by this Code, as well as on the grounds provided for in the employment contract.<\/span><\/p>\n

\u00a7 3. Features of the legal regulation of the labor of remote workers<\/span><\/p>\n

Article 452. Remote work<\/span><\/p>\n

Remote work is the performance of a labor function determined by an employment contract outside the location of the employer, a separate division of the organization (including those located in another locality), outside a stationary workplace, territory or facility directly or indirectly under the control of the employer, subject to the use of the employee to perform this labor function. and for interaction between the employer and employee on issues related to its implementation, information and telecommunication networks, including the World Wide Information Network Internet.<\/span><\/p>\n

Remote workers are subject to labor legislation and other legal acts on labor, taking into account the specifics established by this paragraph.<\/span><\/p>\n

Remote operation can be set:<\/span><\/p>\n

when hiring an employee;<\/span><\/p>\n

during work if an employee switches from normal work to remote mode.<\/span><\/p>\n

The transition of an employee from a regular work mode to a remote work mode while continuing to work in the previous job function is a change in working conditions.<\/span><\/p>\n

The transition of an employee from the usual work mode to the remote mode, if this changes the employee\u2019s work function, is a transfer to another job.<\/span><\/p>\n

Article 453. Permanent and temporary remote work<\/span><\/p>\n

Permanent remote work is the work of persons who have entered into a contract with the employer:<\/span><\/p>\n

an employment contract for an indefinite period or a fixed-term employment contract for remote work for the entire duration of the work stipulated by the employment contract;<\/span><\/p>\n

an additional agreement to the employment contract containing a condition for working outside a stationary workplace, under the control of the employer, on a permanent basis.<\/span><\/p>\n

Temporary remote work is a work mode that provides for the temporary performance by an employee, with his consent, of a labor function outside a stationary workplace under the control of the employer. In case of temporary remote work, by agreement of the parties to the employment contract, the period of work in remote mode must be stipulated.<\/span><\/p>\n

The duration of work in remote mode can be determined by:<\/span><\/p>\n

indicating the total duration of remote work in days, months, etc.;<\/span><\/p>\n

establishing a calendar date for the start and end of remote work;<\/span><\/p>\n

determining the event upon the occurrence of which the period of work in remote mode expires (cancellation of quarantine measures introduced in connection with the epidemic, liquidation of the consequences of a natural or man-made disaster, industrial accident, etc.).<\/span><\/p>\n

The deadline for temporary transition to remote work should not exceed one year.<\/span><\/p>\n

At the end of the period of temporary remote work, the employer is obliged to establish for the employee the previous work schedule, in accordance with which the employee worked before switching to the remote work mode. If there has been a temporary transition to remote work, then at the end of the transition period the employer is also obliged to provide the employee with work in the previous job function.<\/span><\/p>\n

Article 454. Temporary transition or transfer of an employee to remote work at the initiative of the employer<\/span><\/p>\n

In the event of a natural or man-made disaster, industrial accident, industrial accident, as well as fire, flood, earthquake, epidemic or epizootic, and in other exceptional cases threatening the life or normal living conditions of the entire population or part of it, a temporary transition is allowed or transfer of an employee without his consent at the initiative of the employer to remote work.<\/span><\/p>\n

If the specifics of the work performed by the employee at a stationary workplace do not allow for his temporary transition or transfer to remote work at the initiative of the employer in the exceptional cases specified in part one of this article, or the employer cannot provide the employee with the equipment necessary to perform his work function remotely , software and hardware, information security tools and other means, the employer has the right to:<\/span><\/p>\n

provide the employee with annual leave in accordance with the vacation schedule;<\/span><\/p>\n

provide the employee, with his consent, with annual labor leave for the corresponding working year, regardless of the priority of their provision provided for in the vacation schedule;<\/span><\/p>\n

provide the employee, with his consent, with leave with partial retention of wages;<\/span><\/p>\n

grant the employee, with his consent, leave without pay without taking into account the restrictions provided for in part two of Article 241 of this Code;<\/span><\/p>\n

set part-time working hours for the employee.<\/span><\/p>\n

If there are circumstances provided for in part one of this article, the employer has the right to introduce part-time working hours for the employee, warning the employee in writing at least two weeks in advance.<\/span><\/p>\n

If the specifics of the work performed by an employee at a stationary workplace do not allow for his temporary transition or transfer to remote work and it is impossible to take the measures provided for in part two of this article, the time during which the specified employee does not perform his labor function is considered time downtime for reasons beyond the control of the employer and employee, with payment for this time in accordance with part two of Article 266 of this Code, unless a larger amount of payment is provided for by collective agreements, as well as a collective agreement or local regulations.<\/span><\/p>\n

Article 455. Combined mode of remote work<\/span><\/p>\n

The combined mode of remote work includes work at a stationary workplace and remote work. The periods of work at a stationary workplace and remote work, as well as the order of their alternation, are determined by agreement of the parties to the employment contract.<\/span><\/p>\n

By agreement between the employee and the employer, permanent or temporary remote work in a combined mode may be established for the employee.<\/span><\/p>\n

Article 456. Employment contract on remote work<\/span><\/p>\n

An employment contract for remote work and agreements to change the terms of the employment contract for remote work determined by the parties can be concluded in a general manner or by exchanging electronic documents. At the same time, the location of the employer is indicated as the place of concluding an employment contract on remote work, agreements on changing the terms of this contract determined by the parties.<\/span><\/p>\n

At the request of a remote worker who has entered into an employment contract with the employer by exchanging electronic documents, the employer, no later than three working days from the date of receipt of this request, is obliged to send the remote worker by registered mail with notification a duly executed copy of this employment contract on paper.<\/span><\/p>\n

When concluding an employment contract on remote work through the exchange of electronic documents, the documents provided for in part one of Article 124 of this Code may be presented to the employer by the person applying for remote work in the form of an electronic document. At the request of the employer, this person is obliged to send him by registered mail with notification a copy of the specified documents on paper.<\/span><\/p>\n

Each party to the employment contract electronically informs the other party that they have received a signed copy of the employment contract.<\/span><\/p>\n

An employment contract with a remote worker, along with the conditions provided for in part one of Article 104 of this Code, also includes the following conditions:<\/span><\/p>\n

remote work schedule – the number and frequency of providing working days and working hours to an employee in remote work mode;<\/span><\/p>\n

methods for exchanging information between parties about production tasks and their implementation;<\/span><\/p>\n

periods of work at a stationary workplace and remote work, as well as the order of their alternation when a combined mode of remote work is established;<\/span><\/p>\n

the procedure for providing a remote worker with equipment and (or) office equipment, if the corresponding equipment and (or) office equipment is necessary for the remote worker to perform a labor function, except in cases where the parties have reached an agreement on the use by the remote worker of equipment and (or rented by him) ) office equipment;<\/span><\/p>\n

the employer\u2019s obligations to carry out repairs of equipment and (or) office equipment transferred to the remote worker for the performance of the labor function stipulated by the employment contract;<\/span><\/p>\n

providing the employee with the means of communication necessary for regular interaction with the employer, including access to the Internet;<\/span><\/p>\n

conditions for compensation by the employee of damage caused to the employer through his fault related to damage to equipment and (or) office equipment transferred by the employer to the remote worker;<\/span><\/p>\n

the procedure for conducting an inventory of equipment, office equipment, software and hardware, communications equipment, information security equipment and other means transferred to a remote worker for use;<\/span><\/p>\n

the procedure and conditions for reimbursement of expenses to a remote worker if he uses his own equipment and (or) office equipment to perform work duties;<\/span><\/p>\n

the procedure and conditions for reimbursing a remote worker for expenses in connection with his use of communication means to perform work duties;<\/span><\/p>\n

the procedure for interaction between a remote worker and an employer through the exchange of electronic documents;<\/span><\/p>\n

the obligation of a remote worker to notify the employer if it is impossible to perform work determined by the production task within the time limits established by the employment contract, indicating the reason that prevents its timely completion;<\/span><\/p>\n

responsibilities of the employer and remote worker to comply with the necessary safety rules and working conditions.<\/span><\/p>\n

The employment contract with a remote worker may also provide for other conditions, including additional grounds for termination of the employment contract.<\/span><\/p>\n

An employment contract with a remote worker living in the same area where the employer is located may provide that the employee works at the employer\u2019s workplace for part of his working time necessary for direct interaction with the employer and other employees, and the rest of the working time – remotely. An employee is considered a teleworker if at least fifty percent of his working time is spent working remotely.<\/span><\/p>\n

An approximate form of a written employment contract with a remote worker is approved by the Cabinet of Ministers of the Republic of Uzbekistan in agreement with the Republican Tripartite Commission on Social and Labor Issues.<\/span><\/p>\n

Article 457. Registration of the reception and transition of an employee to remote work<\/span><\/p>\n

The acceptance or transition of an employee to remote work is formalized by order of the employer.<\/span><\/p>\n

The basis for an employer issuing an order to hire an employee to work remotely for an indefinite period or under a fixed-term employment contract is an employment contract for remote work. Concluding a fixed-term employment contract with a remote worker is permitted subject to the restrictions provided for by this Code.<\/span><\/p>\n

The basis for issuing an order on a permanent transition to remote work is an additional agreement to the employment contract.<\/span><\/p>\n

The basis for issuing an order to temporarily transfer an employee to remote work is the employee\u2019s statement reflecting his consent to such a transition and to the conditions for performing work remotely.<\/span><\/p>\n

Article 458. Categories of employees who have a preferential right for a temporary transition or transfer to remote work<\/span><\/p>\n

In the event of a natural or man-made disaster, industrial accident, industrial accident, as well as fire, flood, earthquake, epidemic or epizootic and in other exceptional cases threatening the life or normal living conditions of the entire population or part of it, if there is employer with appropriate technical and organizational capabilities, the following categories of employees have a priority right for a temporary transition or transfer to remote work:<\/span><\/p>\n

pregnant women;<\/span><\/p>\n

parents (guardians) of children under the age of fourteen;<\/span><\/p>\n

persons with disabilities;<\/span><\/p>\n

old age pensioners;<\/span><\/p>\n

workers caring for persons with disabilities or sick family members who need outside care.<\/span><\/p>\n

Other categories of employees provided for by collective agreements, a collective agreement, a local act, or an employment contract may also have a preferential right for a temporary transition or transfer to remote work.<\/span><\/p>\n

Article 459. Peculiarities of labor organization for remote workers<\/span><\/p>\n

The procedure and terms for providing remote workers with equipment, software and hardware, information security tools and other means necessary to fulfill their duties under an employment contract for remote work, the procedure and terms for remote workers to submit reports on work performed, the amount, procedure and terms for payment of compensation for the use by remote workers of equipment, office equipment, software and hardware, communications equipment, information security equipment and other means owned or leased by them, the procedure for reimbursement of other expenses associated with remote work is determined by a collective agreement, local regulations, and agreement of the parties to the employment contract.<\/span><\/p>\n

A trip by a remote worker in accordance with the employer\u2019s order to his location, if the employee does not have the opportunity to return to his place of residence every day, is a business trip.<\/span><\/p>\n

Article 460. Interaction between a remote worker and an employer<\/span><\/p>\n

The employee and the employer establish a procedure for interaction that provides for a specific time for the remote worker to perform a labor function within the working hours established by the employment contract on remote work.<\/span><\/p>\n

The procedure for interaction is established by a local act adopted in agreement with the trade union committee and an employment contract on remote work. The order of interaction may provide for the duty of a remote worker to respond to calls, emails and requests from the employer made in another form, as well as the period during which the remote worker is obliged to respond to requests from the employer related to the performance of a job function.<\/span><\/p>\n

The employee is not obliged to respond to telephone calls, emails and requests from the employer made in any other form outside the time established by the interaction procedure.<\/span><\/p>\n

If the procedure for interaction was not agreed upon by the parties to the employment contract on remote work or the employee was not familiarized with the relevant local act in the <\/span>manner provided for in this chapter, the employee cannot be held liable for a late response or failure to respond to the employer\u2019s requests related to the implementation of labor function.<\/span><\/p>\n

Interaction between a remote worker and an employer is carried out by exchanging electronic documents using any methods specified in local regulations adopted by the employer in agreement with the trade union committee, or in an employment contract on remote work, that allow reliably identifying the person who sent the message. Each party to this exchange is obliged to send confirmation of receipt of the electronic document from the other party within the period stipulated by the employment contract for remote work.<\/span><\/p>\n

In cases where, in accordance with labor legislation or other legal acts on labor, an employee must be familiarized in writing, including against signature, with adopted local acts directly related to his work activities, orders of the employer, notifications, requirements and other documents, a remote worker can be familiar with them by exchanging electronic documents between the employer and the remote worker.<\/span><\/p>\n

A remote worker has the right to contact the employer with applications, provide the employer with explanations and other information related to his work activities in electronic form.<\/span><\/p>\n

To receive temporary disability benefits, maternity benefits, and other social insurance payments, the remote worker sends by registered mail with notification to the employer the originals, and if the employee is a part-time worker, then copies of the documents required by law.<\/span><\/p>\n

The issuance by the employer to the remote worker of duly certified copies of work-related documents is carried out in accordance with Article 117 of this Code. The employer, no later than three working days from the date the employee submits the application, is obliged to send copies of documents by registered mail with notification or, if indicated in the application, in the form of an electronic document.<\/span><\/p>\n

Article 461. Working hours of a remote worker<\/span><\/p>\n

When setting a production task for a remote worker, the employer must take into account the time standards for performing certain types of work so that the total working time for performing the entire complex of work per month does not exceed normal or reduced working time.<\/span><\/p>\n

The working time of a remote worker includes:<\/span><\/p>\n

fixed working hours, during which a remote worker must be in touch (directly interact) with the employer. In case of combined remote work, fixed working hours include the time of work at a stationary workplace provided for by agreement of the parties to the employment contract;<\/span><\/p>\n

working time, the procedure for using which the remote worker determines independently, based on the scope of the production task and other conditions determined by the employment contract.<\/span><\/p>\n

Working time, the procedure for using which the remote worker determines independently, is paid in a single amount and is not subject to the terms of payment for overtime work, work on weekends and holidays, as well as for work at night, except for the cases provided for in parts four and fifth of this article.<\/span><\/p>\n

Interaction between an employer and an employee during a remote worker\u2019s rest period is permitted in exceptional cases in the manner established for attracting an employee to work on weekends and non-working holidays. Interaction between an employer and an employee beyond <\/span>the fixed working time established for the employee is overtime work and is permitted in the manner established for involving the employee in overtime work.<\/span><\/p>\n

Interaction between an employer and an employee at the initiative of the employer on weekends or non-working holidays, at night, as well as in excess of the fixed working hours established for a remote worker is subject to increased payment in the manner established by this Code.<\/span><\/p>\n

Article 462. Annual leave of a remote worker<\/span><\/p>\n

The duration of the annual labor leave of a remote worker cannot be less than twenty-one calendar days, unless he, in accordance with labor legislation, other legal acts on labor or an employment contract, has the right to an annual labor leave of a longer duration.<\/span><\/p>\n

The procedure for granting a remote worker annual leave and other types of leave is determined by the employment contract on remote work in accordance with this Code and other legal acts on labor.<\/span><\/p>\n

Article 463. Remuneration of a remote worker<\/span><\/p>\n

Payment for labor of a remote worker under a time-based wage system is made for the time actually worked, and under a piece-rate wage system – for the amount of work actually completed.<\/span><\/p>\n

Production standards and piece rates are established by agreement of the parties to the employment contract based on normal working hours established in accordance with labor legislation for the performance of work.<\/span><\/p>\n

The amount of remuneration for a remote worker should be comparable to the remuneration conditions for workers employed in the employer\u2019s own production.<\/span><\/p>\n

The remuneration of a remote worker cannot be lower than the minimum wage established by law, provided that he fulfills labor standards and job duties, and is not limited to any maximum amount.<\/span><\/p>\n

If in the area where a remote worker carries out his work, a regional coefficient for wages has been established, the payment for the work of a remote worker must be made taking into account this coefficient.<\/span><\/p>\n

Article 464. Termination of an employment contract with a remote worker<\/span><\/p>\n

An employment contract with a remote worker may be terminated on the grounds established by this Code.<\/span><\/p>\n

If a remote worker is familiarized with the employer\u2019s order to terminate an employment contract for remote work in the form of an electronic document, the employer on the day of termination of this employment contract is obliged to send the remote worker by registered mail with notification a duly executed copy of the order to terminate the employment contract on paper carrier.<\/span><\/p>\n

\u00a7 4. Features of the legal regulation of labor of persons working on a rotational basis<\/span><\/p>\n

Article 465. General provisions on shift work<\/span><\/p>\n

Shift work is a special form of carrying out the labor process outside the place of permanent residence of workers, when their daily return to their place of permanent residence cannot be ensured.<\/span><\/p>\n

The shift method of work is used when the place of work is significantly removed from the place of permanent residence of workers or the location of the employer in order to reduce the time required for construction, repair or reconstruction of production, social and other facilities, to ensure the operation of production facilities in uninhabited, remote areas or in areas with special natural conditions, as well as for carrying out other production activities.<\/span><\/p>\n

Workers involved in work on a rotational basis, while at the work site, live in shift camps specially created by the employer, which are a complex of buildings and structures designed to ensure the livelihoods of these workers while they perform work and rest between shifts, or in those adapted for these purposes and dormitories and other residential premises paid for by the employer.<\/span><\/p>\n

If an employee working at a rotational facility has the opportunity to return daily to his place of permanent residence, then performing such work is not considered rotational work.<\/span><\/p>\n

The procedure for applying the rotational work method is approved by the employer in agreement with the trade union committee.<\/span><\/p>\n

Approximate regulations on the rotation method of organizing work are approved by the Cabinet of Ministers of the Republic of Uzbekistan in agreement with the Republican Tripartite Commission on Social and Labor Issues.<\/span><\/p>\n

Article 466. Restrictions on attracting certain categories of workers to work on a rotational basis<\/span><\/p>\n

The following cannot be involved in work performed on a rotational basis:<\/span><\/p>\n

workers under the age of eighteen;<\/span><\/p>\n

pregnant women;<\/span><\/p>\n

one of the parents (guardian) of a child under three years of age;<\/span><\/p>\n

persons who are contraindicated from performing work on a rotational basis in accordance with a medical report.<\/span><\/p>\n

Article 467. Duration of watch<\/span><\/p>\n

A shift is considered to be a total period, including the time of work performed at the site and the time of rest between shifts.<\/span><\/p>\n

The duration of the shift should not exceed one month.<\/span><\/p>\n

In exceptional cases established by collective agreement or collective agreement, at individual facilities the duration of the shift may be increased to three months.<\/span><\/p>\n

Article 468. Recording of working time when working on a rotational basis<\/span><\/p>\n

When working on a rotational basis, a summarized accounting of working time is established for a month, quarter or other longer period, but not more than twelve months.<\/span><\/p>\n

The accounting period covers:<\/span><\/p>\n

working hours while the employee is on shift;<\/span><\/p>\n

travel time from the employer\u2019s location or from the collection point to the place of work and back;<\/span><\/p>\n

rest time falling on a given calendar period of time.<\/span><\/p>\n

The employer is obliged to keep records of the working time and rest time of each employee working on a rotational basis, by month and for the entire accounting period.<\/span><\/p>\n

Article 469. Work and rest schedules when working on a rotational basis<\/span><\/p>\n

Working time and rest time within the accounting period are regulated by a schedule, which is approved by the employer in agreement with the trade union committee and brought to the attention of employees no later than two months before it comes into effect.<\/span><\/p>\n

The schedule specified in part one of this article provides:<\/span><\/p>\n

duration of the accounting period;<\/span><\/p>\n

the time required to transport workers to and from their shifts. Days of travel to and from work are not included in working hours and may fall on inter-shift rest days;<\/span><\/p>\n

the duration of daily work while the employee is on shift. In this case, the maximum duration of such work should not exceed twelve hours;<\/span><\/p>\n

rest time on shift, which includes providing the employee with: a break for rest and food during the working day (two breaks if the duration of daily work (shift) exceeds eight hours), and in cases where, due to production conditions, it is impossible to provide such a break – determining the time and organizing employees\u2019 meals during working hours; daily (between shifts) rest, the duration of which, taking into account the break for rest and food, must be at least twelve hours; days of weekly rest during the shift period, if this is possible due to production conditions;<\/span><\/p>\n

inter-shift rest time, which includes days off for scheduled overtime in excess of normal working hours and days off falling during this period. The number of days off is determined by dividing the total number of hours worked in accordance with the schedule during the period the employee was on shift by the established standard working day.<\/span><\/p>\n

Hours of overtime within the work schedule on a shift, not multiples of a whole working day, can be accumulated over the course of a calendar year and summed up to whole working days, with the subsequent provision of additional days of inter-shift rest.<\/span><\/p>\n

Article 470. Overtime work of persons working on a rotational basis<\/span><\/p>\n

Overtime work for persons working on a rotational basis is work in excess of the working hours established by the schedule for the employee during the accounting period.<\/span><\/p>\n

Persons working on a rotational basis are involved in overtime work in the manner prescribed by parts six to ten of Article 189 of this Code, in compliance with the maximum duration of overtime work provided for by part one of Article 190 of this Code, and is subject to payment in accordance with Article 262 of this Code.<\/span><\/p>\n

Article 471. Peculiarities of granting annual leave to persons working on a rotational basis<\/span><\/p>\n

Annual leave for persons working on a rotational basis must be granted after they have used the days of rest between shifts.<\/span><\/p>\n

The requirement of part one of this article must be taken into account when drawing up the vacation schedule for persons working on a rotational basis.<\/span><\/p>\n

If the end of the annual leave of a person working on a rotational basis falls on the days of rest between shifts, then the employer may, with the consent of the employee:<\/span><\/p>\n

before the start of the shift, temporarily transfer the employee to another job;<\/span><\/p>\n

before the start of the shift, provide the employee with leave without pay;<\/span><\/p>\n

transfer the employee to another shift.<\/span><\/p>\n

Article 472. Remuneration, guarantees and compensation for persons working on a rotational basis<\/span><\/p>\n

Remuneration for persons working on a rotational basis includes:<\/span><\/p>\n

payment for work performed during the shift;<\/span><\/p>\n

payment for additional days of inter-shift rest for overtime on shift;<\/span><\/p>\n

bonus for shift work and other payments provided for by labor legislation or other legal acts on labor.<\/span><\/p>\n

Each day of rest in connection with overworking hours within the work schedule on a shift (day of inter-shift rest) is paid in the amount of the daily tariff rate, daily rate (part of the salary for the day of work), unless a higher payment is established by a collective agreement, local act or labor agreement.<\/span><\/p>\n

Persons working on a rotational basis, for each calendar day of stay in places of work during the shift period, as well as for the actual days of travel from the location of the employer (collection point) to the place of work and back, are paid an allowance for rotational work instead of daily allowance.<\/span><\/p>\n

The amount and procedure for paying bonuses for shift work in organizations financed from the budget are established by the Cabinet of Ministers of the Republic of Uzbekistan.<\/span><\/p>\n

The amount and procedure for paying bonuses for shift work with other employers are established by a collective agreement, a local act adopted by the employer in agreement with the trade union committee, or an employment contract.<\/span><\/p>\n

For workers who travel to perform work on a rotational basis in areas in which regional coefficients for wages are applied, these coefficients are calculated in accordance with labor legislation and other legal acts on labor.<\/span><\/p>\n

For the time spent <\/span>en<\/span> route from the location of the employer (collection point) to the place where work is performed and back, provided for by the shift work schedule, as well as for the time of delay in transit due to meteorological conditions or due to the fault of transport organizations, the employee is paid compensation based on the average daily rate , determined on the basis of accrued wages for the previous month.<\/span><\/p>\n

Chapter 27. Peculiarities of legal regulation of labor determined by the working conditions of the employee<\/span><\/p>\n

Article 473. Concepts of unfavorable working conditions and unfavorable natural and climatic conditions<\/span><\/p>\n

Unfavorable working conditions are those characterized by the presence of a harmful (especially harmful) and (or) dangerous (especially dangerous) production factor. Production <\/span>factors are factors of the production environment and the labor process in which the employee\u2019s labor activity is carried out.<\/span><\/p>\n

Harmful working conditions are those characterized by the presence of a production factor, the impact of which on a worker can lead to an occupational disease.<\/span><\/p>\n

Dangerous working conditions are characterized by the presence of a production factor, the impact of which on a worker can lead to injury. Depending on the quantitative characteristics and duration of action, individual harmful production factors can become dangerous.<\/span><\/p>\n

Particularly harmful are working conditions characterized by such levels of harmful production factors that cause severe forms of occupational diseases (with loss of general ability to work) or a significant increase in the number of chronic diseases and high levels of morbidity with temporary loss of ability to work.<\/span><\/p>\n

Particularly dangerous are working conditions characterized by production factors that can cause death during a shift.<\/span><\/p>\n

Unfavorable natural and climatic conditions mean a set of natural and climatic, geographical, socio-economic and medical-biological factors that have an adverse impact on the employee\u2019s work activity and his residence in desert, high-mountain, inaccessible areas, as well as in areas with unfavorable environmental conditions. the situation. The list of areas with unfavorable natural and climatic working conditions is determined by the Cabinet of Ministers of the Republic of Uzbekistan in agreement with the Republican Tripartite Commission on Social and Labor Issues.<\/span><\/p>\n

Article 474. Certification of workplaces for working conditions and equipment injury hazard<\/span><\/p>\n

Employees working in unfavorable working conditions are employees employed in workplaces determined on the basis of certification for working conditions and equipment injury hazards, the working conditions of which have an adverse effect on the worker\u2019s performance and health.<\/span><\/p>\n

Certification of workplaces according to working conditions and the risk of injury of equipment is a set of measures carried out to assess working conditions, the severity and intensity of the labor process in the workplace and the risk of injury of equipment, identifying harmful and dangerous production factors, as well as bringing working conditions, severity and intensity of the labor process in accordance with established legal requirements.<\/span><\/p>\n

Certification of workplaces for working conditions and equipment hazard is carried out in accordance with the regulations approved by the Cabinet of Ministers of the Republic of Uzbekistan.<\/span><\/p>\n

Article 475. Additional guarantees for employees working in unfavorable working conditions and in unfavorable natural and climatic conditions<\/span><\/p>\n

Employees carrying out labor activities in unfavorable working conditions, in unfavorable natural and climatic conditions, are provided with additional guarantees in the field of labor protection, working hours, vacations, wages, as well as other working conditions.<\/span><\/p>\n

The minimum level of guarantees for employees specified in part one of this article is established by law. Collective agreements, collective agreements or other local acts adopted by the employer in agreement with the trade union committee may provide for the provision of additional guarantees to these categories of workers.<\/span><\/p>\n

Article 476. Mandatory medical examination of workers carrying out labor activities in unfavorable working conditions<\/span><\/p>\n

The employer is obliged to organize preliminary (at the conclusion of an employment contract) and periodic (during the work) mandatory medical examinations of employees engaged in work with unfavorable working conditions.<\/span><\/p>\n

The list of works with unfavorable working conditions, during which preliminary and periodic mandatory medical examinations are carried out, and the procedure for their implementation are established by the Ministry of Health of the Republic of Uzbekistan.<\/span><\/p>\n

Article 477. Reduced working hours for workers employed in jobs with unfavorable working conditions<\/span><\/p>\n

Workers who are exposed to harmful and hazardous production factors during their work are entitled to a reduced working time of no more than thirty-six hours per week. The list of such works and the specific duration of working hours when performing them are determined by collective agreements, a collective agreement, and if they are not concluded, by the employer in agreement with the trade union committee on the basis of certification of workplaces for working conditions and the hazard of equipment.<\/span><\/p>\n

For workers engaged in work with especially harmful and especially dangerous working conditions, the maximum working time is established by the Cabinet of Ministers of the Republic of Uzbekistan in agreement with the Republican Tripartite Commission on Social and Labor Issues.<\/span><\/p>\n

Article 478. Duration of daily work (shift) of workers engaged in work with unfavorable working conditions<\/span><\/p>\n

The duration of daily work (shift) for workers engaged in work with unfavorable working conditions cannot exceed six hours in a six-day work week, and seven hours and thirty minutes in a five-day work week.<\/span><\/p>\n

The duration of daily work (shift) for workers engaged in work with unfavorable working conditions cannot exceed:<\/span><\/p>\n

with a thirty-hour six-day working week – five hours, and with a thirty-hour five-day working week – six hours;<\/span><\/p>\n

with a twenty-four-hour six-day work week – four hours, and with a twenty-four-hour five-day work week – five hours.<\/span><\/p>\n

Article 479. Restrictions on involving workers engaged in work with unfavorable working conditions in overtime work<\/span><\/p>\n

The duration of overtime work for employees engaged in work with unfavorable working conditions should not exceed two hours per day and one hundred and twenty hours per year.<\/span><\/p>\n

It is prohibited to involve workers engaged in work with especially harmful and especially dangerous working conditions in overtime work.<\/span><\/p>\n

Article 480. Limitation of the use of summarized recording of working time for workers engaged in work with especially harmful and especially dangerous working conditions<\/span><\/p>\n

It is not allowed to use summarized recording of working hours for workers engaged in work with especially harmful and especially dangerous working conditions.<\/span><\/p>\n

Article 481. Annual additional leave for work in unfavorable working conditions<\/span><\/p>\n

Employees employed in unfavorable working conditions have the right to additional annual leave.<\/span><\/p>\n

The list of jobs, professions and positions that give the right to additional leave, the duration of leave, the procedure and conditions for their provision are determined by collective agreements, a collective agreement, and if it is not concluded – by the employer in agreement with the trade union committee in accordance with the Regulations on the procedure for certification of workplaces on working conditions and the risk of injury of equipment, approved by the Cabinet of Ministers of the Republic of Uzbekistan.<\/span><\/p>\n

The minimum duration of annual additional leave for employees employed in unfavorable working conditions, as well as the conditions and procedure for granting annual additional leave for work under unfavorable working conditions are established by the Cabinet of Ministers of the Republic of Uzbekistan.<\/span><\/p>\n

Article 482. Remuneration for persons employed in work with unfavorable working conditions, with reduced working hours<\/span><\/p>\n

Remuneration for persons employed in jobs with unfavorable working conditions with reduced working hours is made in the same amount as for workers with normal working hours.<\/span><\/p>\n

Remuneration for workers engaged in work with harmful and (or) dangerous working conditions is set at an increased rate.<\/span><\/p>\n

The minimum increase in wages for employees engaged in work with harmful and (or) dangerous working conditions is four percent of the tariff rate (salary) established for various types of work with normal working conditions.<\/span><\/p>\n

Specific amounts of wage increases are established by the employer in agreement with the trade union committee.<\/span><\/p>\n

Article 483. Annual additional leave for work in unfavorable natural and climatic conditions<\/span><\/p>\n

Annual additional leave for work in unfavorable natural and climatic conditions is provided to employees working in areas where appropriate wage rates have been established for work in which.<\/span><\/p>\n

The list of areas with unfavorable natural and climatic conditions and the minimum duration of annual additional leave provided for work in such conditions are determined by the Cabinet of Ministers of the Republic of Uzbekistan.<\/span><\/p>\n

Collective agreements, as well as collective agreements and local acts, may establish annual additional leave for work in unfavorable natural and climatic conditions, not provided for in part one of this article.<\/span><\/p>\n

Article 484. Remuneration coefficients for work in unfavorable natural and climatic conditions<\/span><\/p>\n

The coefficient for remuneration for work in unfavorable natural and climatic conditions is a type of bonus of a compensatory nature, paid to employees taking into account the characteristics <\/span>of working conditions in individual territories. The minimum sizes of coefficients and the procedure for their application are established by the Cabinet of Ministers of the Republic of Uzbekistan.<\/span><\/p>\n

Chapter 28. Features of legal regulation of labor determined by the nature of the employee\u2019s work<\/span><\/p>\n

\u00a7 1. Features of the legal regulation of the work of the head of the organization, his deputies, the chief accountant of the organization and the head of a separate division of the organization<\/span><\/p>\n

Article 485. General provisions<\/span><\/p>\n

The head of an organization is an individual who, in accordance with this Code, other regulations, constituent documents of the organization, local acts, manages this organization, including performing the functions of its sole executive body.<\/span><\/p>\n

The provisions of this paragraph apply to heads of organizations regardless of their organizational and legal forms, forms of ownership and departmental subordination, except for those cases when:<\/span><\/p>\n

the head of the organization is the only participant (founder), owner of its property;<\/span><\/p>\n

The organization is managed under an agreement with another organization (managing organization).<\/span><\/p>\n

A deputy head of an organization is a person whose functional responsibilities include temporarily replacing an absent manager, or, based on the distribution of job responsibilities, performing the functions of a manager on certain issues.<\/span><\/p>\n

The chief accountant of an organization is a person holding a full-time position in the organization, responsible for the formation of accounting policies, maintaining accounting records, timely submission of complete and reliable accounting, tax and statistical reporting, ensuring compliance of business transactions with the law, control over the movement of property and fulfillment of the organization\u2019s obligations.<\/span><\/p>\n

If the organization does not have the position of chief accountant, the provisions of this paragraph apply to the official performing the functions of the chief accountant in the organization.<\/span><\/p>\n

The heads of separate divisions of an organization are officials appointed to the position by the organization that created them and acting on the basis of a power of attorney issued by the organization that formed this separate division.<\/span><\/p>\n

The rights and obligations of the head of the organization, his deputies, the chief accountant of the organization and the head of a separate division of the organization in the field of labor relations are determined by this Code, other regulations, constituent documents of the organization, separate division, and an employment contract.<\/span><\/p>\n

The law may establish other, in addition to those provided for in this paragraph, features of the legal regulation of the labor of heads of organizations.<\/span><\/p>\n

Article 486. Conclusion of an employment contract with the head of the organization, his deputies, the chief accountant of the organization, the head of a separate division of the organization<\/span><\/p>\n

A fixed-term employment contract may be concluded with the head of the organization, his deputies, the chief accountant of the organization and the head of a separate division of the organization for the period established by the constituent documents of the organization or by agreement of the parties.<\/span><\/p>\n

A fixed-term employment contract is concluded with the head of the joint-stock company for the period established by law.<\/span><\/p>\n

The law and other legal acts, constituent documents of the organization may establish procedures preceding the conclusion of an employment contract with the head of the organization (conducting a competition, election or appointment to a position, etc.).<\/span><\/p>\n

When hiring the head of an organization, his deputies, the chief accountant of the organization and the head of a separate division of the organization, a preliminary test for a period of up to six months may be established.<\/span><\/p>\n

Article 487. Part-time work of the head of the organization, his deputies, the chief accountant of the organization and the head of a separate division of the organization<\/span><\/p>\n

The head of the organization, his deputies, the chief accountant of the organization and the head of a separate division of the organization can work part-time for another employer only with the permission of the authorized body of the organization or the owner of the organization or a person (body) authorized by the owner.<\/span><\/p>\n

Article 488. Financial liability of the head of the organization, his deputies, the chief accountant of the organization and the head of a separate division of the organization<\/span><\/p>\n

The head of the organization, his deputies, the chief accountant of the organization and the head of a separate division of the organization bear full financial responsibility for direct actual damage caused by them to the organization.<\/span><\/p>\n

At the request of the owner of the organization (general meeting of shareholders, participants, founders) or the supervisory board or other body authorized by the owner, the persons specified in part one of this article shall compensate the organization for losses caused by their guilty actions (inaction). In this case, the calculation of losses is carried out in accordance with the norms provided for by civil law.<\/span><\/p>\n

Article 489. Peculiarities of termination of an employment contract with the head of the organization, his deputies, the chief accountant of the organization and the head of a separate division of the organization<\/span><\/p>\n

In addition to the grounds provided for by this Code and other laws, an employment contract with the head of the organization, his deputies, the chief accountant of the organization and the head of a separate division of the organization may be terminated:<\/span><\/p>\n

1) at the initiative of the employer in connection with a change in the owner of the organization. Termination of an employment contract on this basis is permitted within three months from the date of acquisition of ownership of the organization. The specified period does not include periods of temporary incapacity for work of the employee, the time he is on vacation provided for by labor legislation and other legal acts on labor, and other periods of absence from work for valid reasons;<\/span><\/p>\n

2) on the grounds provided for in the employment contract.<\/span><\/p>\n

It is not necessary to obtain the consent of the trade union committee when terminating an employment contract at the initiative of the employer with:<\/span><\/p>\n

the head of the organization, as well as with the head of a separate division on any of the grounds provided for in Article 161 of this Code;<\/span><\/p>\n

the head of the organization, his deputies, the chief accountant of the organization and the head of a separate division of the organization under paragraph 1 of part one of this article.<\/span><\/p>\n

The head of an organization has the right, on his own initiative, to terminate an employment contract concluded for an indefinite period, as well as a fixed-term employment contract before its expiration, by notifying the employer in writing two months in advance.<\/span><\/p>\n

Deputy managers, the chief accountant of the organization and the heads of separate divisions of the organization have the right, on their own initiative, to terminate an employment contract concluded for an indefinite period, as well as a fixed-term employment contract before its expiration, by notifying the employer in writing about this one month in advance.<\/span><\/p>\n

Article 490. Features of the legal regulation of the labor of members of the collegial executive body of the organization<\/span><\/p>\n

Legislation and the organization’s constituent documents may apply to members of the organization’s collegial executive body who have entered into an employment contract the features of the legal regulation of labor established by this paragraph for the head of the organization.<\/span><\/p>\n

\u00a7 2. Features of the legal regulation of the labor of seasonal workers<\/span><\/p>\n

Article 491. Seasonal work<\/span><\/p>\n

Seasonal work is work that, due to climatic and other natural conditions, is performed during a certain period (season).<\/span><\/p>\n

The duration of seasonal work, as a rule, should not exceed six months.<\/span><\/p>\n

Lists of seasonal work, including individual seasonal work, the implementation of which is possible during a period (season) exceeding six months, and the maximum duration of these individual seasonal work are established by the Cabinet of Ministers of the Republic of Uzbekistan in agreement with the Republican Tripartite Commission on Social and Labor Issues.<\/span><\/p>\n

Article 492. Peculiarities of concluding an employment contract for seasonal work<\/span><\/p>\n

The condition regarding the seasonal nature of the work must be specified in the employment contract.<\/span><\/p>\n

Seasonal workers are not subject to a probationary period when hired.<\/span><\/p>\n

An employment contract with seasonal workers is concluded for a period not exceeding the duration of the season.<\/span><\/p>\n

Article 493. Labor leave for seasonal workers<\/span><\/p>\n

Seasonal workers have the right to paid leave at the rate of at least two calendar days for each month of work.<\/span><\/p>\n

If a seasonal employee has worked a full season, he is granted labor leave with subsequent termination of the employment contract. In this case, the day of termination of the employment <\/span>contract is considered the last day of vacation. Instead of labor leave, upon termination of an employment contract, at the request of a seasonal worker, he is paid monetary compensation.<\/span><\/p>\n

If an employment contract with a seasonal employee is terminated early before the end of the season, then upon termination of the employment contract he is paid compensation for unused leave in proportion to the time worked.<\/span><\/p>\n

Article 494. Peculiarities of termination of an employment contract with a seasonal worker<\/span><\/p>\n

A seasonal employee has the right to terminate an employment contract on his own initiative by notifying the employer in writing three calendar days in advance.<\/span><\/p>\n

The employer is obliged to notify the seasonal employee in writing against signature of his intention to terminate the employment contract early:<\/span><\/p>\n

at least seven calendar days upon termination of an employment contract in connection with the liquidation of an organization (its separate division) ( clause 1 of part two of Article 161 of this Code), as well as in connection with a change in the number or staff of employees ( clause 2 of part two of Article 161 of this Code Code);<\/span><\/p>\n

at least three calendar days in advance upon termination of an employment contract due to the seasonal worker\u2019s inadequacy for the work performed due to insufficient qualifications ( clause 3 of part two of Article 161 of this Code).<\/span><\/p>\n

If an employment contract with a seasonal employee is terminated on grounds related to the employee\u2019s guilty actions (inaction), the seasonal employee is notified in writing at least one day before the termination of the employment contract with him.<\/span><\/p>\n

Instead of warning a seasonal worker as provided for in parts two and three of this article, the employer has the right to pay him proportionate monetary compensation.<\/span><\/p>\n

When an employment contract with a seasonal employee is terminated on the grounds listed in part two of Article 173 of this Code, he is paid a severance pay in the amount of fifty percent of the average monthly salary.<\/span><\/p>\n

\u00a7 3. Features of legal regulation of labor of persons employed in temporary work<\/span><\/p>\n

Article 495. Persons employed in temporary work<\/span><\/p>\n

Persons employed in temporary work are workers hired for a period of up to two months (hereinafter referred to as temporary workers).<\/span><\/p>\n

Article 496. Peculiarities of hiring temporary workers<\/span><\/p>\n

The provision regarding the temporary nature of the work must be stipulated in the employment contract.<\/span><\/p>\n

When hiring temporary workers, there is no preliminary test.<\/span><\/p>\n

Article 497. Attracting temporary workers to work on weekends and non-working holidays<\/span><\/p>\n

Employees who have entered into an employment contract for a period of up to two months may, within this period, be required, with their written consent, to work on weekends and non-working holidays.<\/span><\/p>\n

Work on weekends and non-working holidays is compensated in cash at least double the amount.<\/span><\/p>\n

Article 498. Labor leave for temporary employees<\/span><\/p>\n

Temporary workers have the right to labor leave at the rate of at least two calendar days for each month of work.<\/span><\/p>\n

Temporary employees are provided with labor leave or, at their request, are paid compensation upon termination of an employment contract at the rate of two working days per month of work.<\/span><\/p>\n

Article 499. Peculiarities of termination of an employment contract with temporary workers<\/span><\/p>\n

A temporary employee has the right to terminate an employment contract on his own initiative by notifying the employer in writing three calendar days in advance.<\/span><\/p>\n

The employer is obliged to notify the temporary employee in writing against signature at least three calendar days in advance of his intention to terminate the employment contract early in connection with the liquidation of the organization (its separate division) ( clause 1 of part two of Article 161 of this Code), a change in the number or staff of employees ( clause 2 of part two of Article 161 of this Code), as well as in connection with the employee\u2019s inadequacy for the work performed due to insufficient qualifications ( clause 3 of part two of Article 161 of this Code).<\/span><\/p>\n

If an employment contract with a temporary employee is terminated on grounds related to the employee\u2019s guilty actions (inaction), the temporary employee is notified in writing at least one day before the termination of the employment contract with him.<\/span><\/p>\n

Instead of a written warning to a temporary worker provided for in parts two and three of this article, the employer has the right to pay him proportionate monetary compensation.<\/span><\/p>\n

Upon termination of an employment contract, a temporary employee is not paid severance pay, unless otherwise established by the collective agreement or employment contract.<\/span><\/p>\n

\u00a7 4. Features of legal regulation of labor of workers in certain sectors of the economy and certain professions<\/span><\/p>\n

Article 500. Peculiarities of legal regulation of labor of transport workers<\/span><\/p>\n

Transport workers are workers engaged in driving vehicles or controlling the movement of vehicles, as well as other workers in accordance with the List of works, professions, positions directly related to driving vehicles or controlling the movement of vehicles, approved by the Cabinet of Ministers of the Republic of Uzbekistan in agreement with the Republican tripartite commission on social and labor issues.<\/span><\/p>\n

Persons who have received professional training, the availability of which is confirmed by a relevant document (diploma, certificate, certificate, etc.), are accepted for the work specified in part one of this article.<\/span><\/p>\n

Transport workers undergo mandatory medical examinations upon hiring (preliminary) and during work (periodic).<\/span><\/p>\n

Transport workers are not allowed to work part-time if this work is directly related to driving vehicles or controlling the movement of vehicles.<\/span><\/p>\n

When using the labor of transport workers, employers are obliged to comply with the specifics of working hours, rest periods, and working conditions established by law for these workers.<\/span><\/p>\n

The discipline of transport workers is regulated by this Code, other laws, as well as charters (regulations) on discipline.<\/span><\/p>\n

Article 501. Peculiarities of legal regulation of the labor of teaching staff<\/span><\/p>\n

Pedagogical and other employees of general secondary educational organizations, preschool educational organizations and other organizations directly involved in teaching or raising children undergo mandatory medical examinations: preliminary (upon hiring) and periodic (during work) in the manner approved by the Ministry of Health of the Republic of Uzbekistan .<\/span><\/p>\n

Persons with appropriate education, professional training and spiritual and moral qualities have the right to engage in teaching activities.<\/span><\/p>\n

Recruitment of teaching staff to higher educational organizations for the positions of head of department, professor, associate professor, senior teacher, teacher (assistant), teacher-trainee is carried out on a competitive basis in accordance with the regulations approved by the Cabinet of Ministers of the Republic of Uzbekistan.<\/span><\/p>\n

The head of a higher educational organization is allowed to assign the duties for the vacant position of head of the department to one of the leading teachers of the department or the dean of the relevant faculty before the competition.<\/span><\/p>\n

Persons entering higher educational organizations for teaching work on an hourly basis are enrolled without competition by order of the head of the higher educational organization.<\/span><\/p>\n

Teaching staff of educational organizations are given a reduced working time of no more than thirty-six hours per week and are granted an extended annual leave. The specific length of working hours for teaching staff and the duration of the annual extended labor leave are established by the Cabinet of Ministers of the Republic of Uzbekistan in agreement with the Republican Tripartite Commission on Social and Labor Issues.<\/span><\/p>\n

Educational organizations, within the limits of available funds for wages, have the right to independently establish differentiated bonuses to official salaries and apply various forms of payment and labor incentives.<\/span><\/p>\n

Article 502. Features of legal regulation of the labor of medical workers<\/span><\/p>\n

For medical workers, a reduced working time of no more than thirty-six hours per week is established.<\/span><\/p>\n

Certain categories of medical workers have the right to additional annual leave.<\/span><\/p>\n

The duration of working hours and annual additional labor leave, as well as wage grades, additional payments and allowances to the tariff rate (salary) of medical workers are established by the Cabinet of Ministers of the Republic of Uzbekistan.<\/span><\/p>\n

Groups of medical organizations for the remuneration of executive employees are established by the health care management bodies to which they are directly subordinate, according to indicators based on the number of patients treated – for inpatient institutions, the number of the population served – for outpatient services and other medical organizations.<\/span><\/p>\n

If there is a break in the doctor\u2019s work experience in his specialty for three years or more (social leave, work not in the medical specialty, long-term illness, disability, etc.), before resuming his professional activity, the doctor is obliged to take specialization courses in accordance with the <\/span>existing basic, main or additional specialty, confirmed by a document confirming its receipt in previous years. The procedure for completing specialization courses is established by law.<\/span><\/p>\n

Article 503. Features of the legal regulation of the labor of athletes<\/span><\/p>\n

The provisions of this article regulate labor relations with employees whose labor function is to prepare for sports competitions and participate in sports competitions in a specific sport or sports (hereinafter referred to as athletes).<\/span><\/p>\n

Features of the legal regulation of the work of athletes are established by labor legislation and other legal acts on labor, including collective agreements, collective agreements, as well as local acts.<\/span><\/p>\n

In addition to the conditions provided for in part one of Article 104 of this Code, mandatory conditions for inclusion in an employment contract with an athlete are the following:<\/span><\/p>\n

the employer to ensure the conduct of training events and the participation of the athlete in sports competitions;<\/span><\/p>\n

the athlete to comply with the sports regime established by the employer and carry out preparation plans for sports competitions;<\/span><\/p>\n

an athlete to take part in sports competitions only at the direction of the employer;<\/span><\/p>\n

the athlete must comply with anti-doping rules approved by international anti-doping organizations and undergo doping control;<\/span><\/p>\n

employer to provide life and health insurance to the athlete, as well as medical insurance in order for the athlete to receive additional medical and other services.<\/span><\/p>\n

When concluding an employment contract, athletes are subject to a mandatory preliminary medical examination. The employer is obliged to organize mandatory preliminary and periodic medical examinations at his own expense. During the period of validity of the employment contract, athletes undergo mandatory periodic medical examinations in order to determine their suitability for performing the assigned work and to prevent occupational diseases and sports injuries.<\/span><\/p>\n

The employer is obliged, at his own expense, to provide athletes with sports equipment, sports equipment and inventory, and other material and technical means necessary for the implementation of their work activities, as well as maintain the specified equipment, equipment, inventory and equipment in a condition suitable for use.<\/span><\/p>\n

Athletes are provided with annual additional labor leave, the duration of which is determined by collective agreements, local acts, labor contracts, but cannot be less than four calendar days.<\/span><\/p>\n

In cases where the employer is not able to ensure the participation of an athlete in sports competitions, it is permitted, by agreement between employers, to temporarily transfer the athlete, with his written consent, to another employer for a period not exceeding one year.<\/span><\/p>\n

For the period of the athlete\u2019s temporary transfer to another employer, the employer at the place of temporary work enters into a fixed-term employment contract with him, taking into account the provisions of part three of this article.<\/span><\/p>\n

For the period of temporary transfer of the athlete to another employer, the validity of the initially concluded employment contract is suspended (the parties suspend the exercise of rights <\/span>and fulfillment of obligations established by labor legislation and other legal acts on labor). In this case, the validity period of the initially concluded employment contract is not interrupted. Upon expiration of the athlete\u2019s temporary transfer to another employer, the initially concluded employment contract is renewed in full.<\/span><\/p>\n

During the period of temporary transfer, the athlete and the employer at the place of temporary work are fully subject to the rules established by labor legislation and other acts containing labor law norms, with the features established by this article.<\/span><\/p>\n

The employer at the place of temporary work does not have the right to initiate the athlete\u2019s transfer to another employer.<\/span><\/p>\n

In case of early termination of an employment contract concluded during the period of the athlete\u2019s temporary transition to another employer, on any of the grounds provided for by this Code, the initially concluded employment contract is valid in full from the next working day after the calendar date with which the termination of the employment contract concluded on period of temporary transition.<\/span><\/p>\n

If, after the expiration of the period of temporary transfer to another employer, the athlete continues to work for the employer at the place of temporary work and neither the athlete, nor the employer at the place of temporary work, nor the employer with whom the employment contract was originally concluded, demand termination of the employment contract concluded for the period of temporary transfer , and renewal of the initially concluded employment contract, then the initially concluded employment contract is terminated and the validity of the employment contract concluded for the period of temporary transition is extended for a period determined by agreement of the parties, and in the absence of such an agreement – for an indefinite period.<\/span><\/p>\n

In addition to the grounds provided for by this Code and other laws, the grounds for termination of an employment contract with an athlete may be:<\/span><\/p>\n

1) sports disqualification for a period of six months or more;<\/span><\/p>\n

2) an athlete\u2019s violation, including a single violation, of anti-doping rules approved by international anti-doping organizations.<\/span><\/p>\n

The duration of the notice period for termination of an employment contract at the initiative of an athlete is determined by the parties to the employment contract, taking into account the deadlines established by the Ministry of Sports Development of the Republic of Uzbekistan on the recommendations of sports federations (associations) of the Republic of Uzbekistan for the relevant sport or sports.<\/span><\/p>\n

Chapter 29. Peculiarities of legal regulation of labor of persons working in micro-firms and for employers – individuals<\/span><\/p>\n

\u00a7 1. Features of the legal regulation of workers\u2019 labor for employers classified as micro-firms<\/span><\/p>\n

Article 504. General provisions<\/span><\/p>\n

Legal regulation of the labor of employees for employers classified as micro-firms (hereinafter referred to as micro-firm employer) is carried out taking into account the specifics established by this paragraph.<\/span><\/p>\n

If an employer-<\/span>microfirm<\/span>, in accordance with the established classification of business entities, ceases to be classified as a <\/span>microfirm<\/span>, the legal regulation of individual labor relations and <\/span>social relations directly related to them for this employer must be carried out in accordance with labor legislation and other legal acts on labor without taking into account the specifics established by this paragraph, from the moment the relevant data on the micro-employer is entered by the state statistics bodies.<\/span><\/p>\n

Article 505. Legal regulation of individual labor relations and social relations directly related to them by local acts and labor contracts<\/span><\/p>\n

An employer-<\/span>microfirm<\/span> has the right to refuse, in whole or in part, from adopting local acts (internal labor regulations, regulations on wages, regulations on bonuses, shift schedules, etc.). At the same time, in order to regulate individual labor relations and directly related social relations, the employer-<\/span>microfirm<\/span> must include in employment contracts with employees conditions that, in accordance with labor legislation, must be regulated by local acts. These employment contracts are concluded on the basis of a standard form approved by the Cabinet of Ministers of the Republic of Uzbekistan in agreement with the Republican Tripartite Commission on Social and Labor Issues.<\/span><\/p>\n

Persons entering work for micro-firm employers may be entered into an employment contract for an indefinite period or a fixed-term employment contract.<\/span><\/p>\n

Employees of micro-firm employers may be granted additional labor leave for length of service in a given micro-firm, the duration and procedure for the provision of which are determined by collective agreements, a collective agreement, local acts or an employment contract.<\/span><\/p>\n

The micro-firm employer is obliged to notify the employee in writing no later than one month in advance about changes in working conditions ( part one of Article 137 of this Code) and changes in the locality in connection with the employer\u2019s move to another area ( part one of Article 146 of this Code).<\/span><\/p>\n

Article 506. Termination of an employment contract with employees of micro-firm employers<\/span><\/p>\n

An employee of a <\/span>microfirm<\/span> employer has the right to terminate an employment contract on his own initiative by giving a written notice to the <\/span>microfirm<\/span> employer seven calendar days in advance.<\/span><\/p>\n

In addition to the grounds provided for by this Code, an employer-<\/span>microfirm<\/span> has the right to terminate an employment contract with an employee of the employer-<\/span>microfirm<\/span> on the grounds provided for in the employment contract.<\/span><\/p>\n

An employment contract with an employee of a <\/span>microfirm<\/span> employer may provide for a list of one-time gross violations of labor duties, the commission of which may result in termination of the employment contract in accordance with paragraph 5 of part two of Article 161 of this Code.<\/span><\/p>\n

The notice period for an employee of a <\/span>microfirm<\/span> employer about the termination of an employment contract, as well as the cases and amounts of severance pay and other compensation payments paid upon termination of an employment contract are determined by the employment contract, and if they are not determined, then the employees are subject to the general guarantees provided for by this Code and other legal labor acts.<\/span><\/p>\n

\u00a7 2. Features of the legal regulation of labor of persons employed by individual entrepreneurs<\/span><\/p>\n

Article 507. General provisions<\/span><\/p>\n

Individual entrepreneurs who have passed state registration, after opening a bank account, have the right to use the labor of hired workers in the amount determined by the Cabinet of Ministers of the Republic of Uzbekistan, depending on the type of activity carried out by the individual entrepreneur.<\/span><\/p>\n

Individual labor relations between an individual entrepreneur and an employee are regulated by labor legislation, taking into account the features provided for in this paragraph.<\/span><\/p>\n

Article 508. Employment contract between an employee and an individual entrepreneur<\/span><\/p>\n

The basis for the emergence of an individual labor relationship with a person hired by an individual entrepreneur is an employment contract concluded in writing.<\/span><\/p>\n

An employment contract for an indefinite period or a fixed-term employment contract may be concluded with an employee hired by an individual entrepreneur. In this case, the term of the employment contract should not exceed the validity period of the certificate of state registration of an individual entrepreneur.<\/span><\/p>\n

Before concluding an employment contract, a job seeker must be informed in advance about working and employment conditions.<\/span><\/p>\n

The approximate form of an employment contract between an employee and an individual entrepreneur is approved by the Cabinet of Ministers of the Republic of Uzbekistan in agreement with the Republican Tripartite Commission on Social and Labor Issues.<\/span><\/p>\n

The employment contract is drawn up in three copies, one of which remains with the individual entrepreneur, the second is given to the employee, and the third is submitted to the state tax service at the place of tax registration of the individual entrepreneur. Submission of a copy of the employment contract to the state tax service can also be carried out in electronic form.<\/span><\/p>\n

Hiring of employees by an individual entrepreneur is carried out without issuing an order.<\/span><\/p>\n

Work books are not kept for employees working for individual entrepreneurs.<\/span><\/p>\n

Article 509. Work and rest schedule<\/span><\/p>\n

The working hours, the procedure for granting days off and annual leave are determined by agreement between the employee and the individual entrepreneur. In this case, the length of the working week cannot be greater, and the duration of annual leave less than those established by this Code.<\/span><\/p>\n

Article 510. Changing working conditions by an individual entrepreneur<\/span><\/p>\n

An individual entrepreneur is obliged to notify the employee in writing at least fourteen calendar days in advance about changes in the working conditions of an employee determined by the parties in the cases provided for in part one of Article 137 of this Code.<\/span><\/p>\n

Article 511. Termination of an employment contract between an employee and an individual entrepreneur<\/span><\/p>\n

An employee has the right to terminate on his own initiative an employment contract with an individual entrepreneur by warning him in writing seven calendar days in advance.<\/span><\/p>\n

By agreement between the employee and the individual entrepreneur, the warning period provided for in part one of this article may be reduced.<\/span><\/p>\n

In addition to the grounds provided for by this Code, an individual entrepreneur has the right to terminate an employment contract with an employee on the grounds provided for in the employment contract.<\/span><\/p>\n

An employee\u2019s employment contract with an individual entrepreneur may provide for a list of one-time gross violations of labor duties, the commission of which may result in termination of the employment contract in accordance with paragraph 5 of part two of Article 161 of this Code.<\/span><\/p>\n

The period of notice to the employee about the termination of the employment contract, as well as the cases and amounts of severance pay and other compensation payments paid upon termination of the employment contract are determined by the employment contract.<\/span><\/p>\n

When terminating an employment contract with an employee, an individual entrepreneur is obliged to notify the state tax service authority at the place of tax registration of the individual entrepreneur in writing no later than three working days from the date of termination of the employment contract.<\/span><\/p>\n

If the activities of an individual entrepreneur are suspended, the employee retains his average salary for two weeks. After this period, the individual entrepreneur has the right to terminate the employment contract with the employee in connection with the suspension of his activities with payment to the employee of compensation in the amount provided for in the employment contract, but not less than two weeks of the employee\u2019s average salary. Monetary compensation in the specified amount is paid to the employee even if, during the period of suspension of the activities of an individual entrepreneur, which lasted more than one week, the employee terminates the employment contract on his own initiative.<\/span><\/p>\n

Article 512. Work experience of an employee working for an individual entrepreneur<\/span><\/p>\n

Periods of employment for an individual entrepreneur are counted toward the employee\u2019s length of service, subject to the payment of social tax.<\/span><\/p>\n

The employee\u2019s length of service is recorded on the basis of information about the payment of social tax.<\/span><\/p>\n

Article 513. Resolution of individual labor disputes between an employee and an individual entrepreneur<\/span><\/p>\n

Individual labor disputes between an employee and an individual entrepreneur that are not resolved by mutual agreement are resolved in court.<\/span><\/p>\n

\u00a7 3. Features of the legal regulation of the labor of domestic workers<\/span><\/p>\n

Article 514. Domestic workers<\/span><\/p>\n

Domestic workers are workers who perform work and provide services (gardeners, nannies, watchmen, maids, drivers and others) to employers – individuals to satisfy their personal needs not related to business activities.<\/span><\/p>\n

Domestic workers may be hired once they reach sixteen years of age.<\/span><\/p>\n

Citizens of the Republic of Uzbekistan, as well as foreign citizens and stateless persons residing in the territory of the Republic of Uzbekistan, provided that they have full civil capacity, have the right to hire domestic workers.<\/span><\/p>\n

Article 515. Employment contract with a domestic worker<\/span><\/p>\n

The basis for the emergence of an individual labor relationship with a domestic worker is an employment contract concluded by an individual employer in writing.<\/span><\/p>\n

An employment contract for an indefinite period or a fixed-term employment contract may be concluded with a domestic worker hired.<\/span><\/p>\n

Before concluding an employment contract, a domestic worker must be previously informed by the employer, an individual, about working conditions.<\/span><\/p>\n

An employment contract with a domestic worker is drawn up in three copies, one of which is submitted to the state tax service at the place of residence of the employer – an individual, the second remains with the employer, and the third is transferred to the employee.<\/span><\/p>\n

The approximate form of an employment contract with a domestic worker is approved by the Cabinet of Ministers of the Republic of Uzbekistan in agreement with the Republican Tripartite Commission on Social and Labor Issues.<\/span><\/p>\n

If the parties have reached an agreement to provide the domestic worker with food and housing, then this condition must be included in the content of the employment contract.<\/span><\/p>\n

Domestic workers are hired without issuing an order.<\/span><\/p>\n

There are no work records kept for domestic workers.<\/span><\/p>\n

Article 516. Work and rest schedule<\/span><\/p>\n

Working hours, the procedure for granting days off and annual leave are determined by agreement between the employee and the employer. In this case, the length of the working week cannot be greater, and the duration of annual leave less than those established by this Code.<\/span><\/p>\n

Domestic workers living in the household must not be forced to remain in the household or with members of the household during periods of their daily or weekly rest or annual leave.<\/span><\/p>\n

Article 517. Changing the working conditions of a domestic worker by an individual employer<\/span><\/p>\n

About changes in the working conditions of a domestic worker determined by the parties to the employment contract in the cases provided for in part one of Article 137 of this Code, the employer – an individual is obliged to notify the employee in writing at least fourteen calendar days in advance.<\/span><\/p>\n

Article 518. Termination of an employment contract with a domestic worker<\/span><\/p>\n

A domestic worker has the right to terminate an employment contract on his own initiative by notifying the employer, an individual, in writing seven calendar days in advance.<\/span><\/p>\n

By agreement between the domestic worker and the individual employer, the warning period provided for in part one of this article may be reduced.<\/span><\/p>\n

In addition to the grounds provided for by this Code, an individual employer has the right to terminate an employment contract with a domestic worker on the grounds provided for in the employment contract.<\/span><\/p>\n

An employment contract with a domestic worker may provide for a list of one-time gross violations of labor duties, the commission of which may result in termination of the employment contract in accordance with paragraph 5 of part two of Article 161 of this Code.<\/span><\/p>\n

The employment contract with a domestic worker is terminated due to the death of the employer – an individual. The day of termination of the employment contract is considered to be the day following the death of the employer – an individual.<\/span><\/p>\n

In the event of termination of an employment contract with an employee due to the death of an employer – an individual, all payments to the employee in connection with the termination of the employment contract are made at the expense of the State Employment Promotion Fund of the Republic of Uzbekistan, which, in a recourse procedure, has the right to send claims to the heirs of the employer – an individual.<\/span><\/p>\n

The notice period for a domestic worker about the termination of an employment contract, as well as the cases and amounts of severance pay and other compensation payments paid upon termination of an employment contract are determined by the employment contract, and if they are not determined, then employees are subject to the general guarantees provided for by this Code and other legal acts on labor<\/span><\/p>\n

An employer – an individual, when terminating an employment contract with a domestic worker, is obliged to notify the state tax service authority at the place of residence of the employer – an individual in writing no later than three working days from the date of termination of the employment contract.<\/span><\/p>\n

Article 519. Work experience of domestic workers<\/span><\/p>\n

Periods of employment of domestic workers are included in the employee’s length of service, subject to payment of social tax.<\/span><\/p>\n

The work experience of a domestic worker is recorded on the basis of information about the payment of social tax.<\/span><\/p>\n

Article 520. Resolution of individual labor disputes between a domestic worker and an individual employer<\/span><\/p>\n

Individual labor disputes between a domestic worker and an individual employer that are not resolved by mutual agreement are resolved in court.<\/span><\/p>\n

Chapter 30. Features of legal regulation of labor of foreign citizens and stateless persons<\/span><\/p>\n

Article 521. General provisions<\/span><\/p>\n

Foreign citizens and stateless persons (hereinafter referred to as foreign citizens) permanently residing in the territory of the Republic of Uzbekistan and having a residence permit are subject to the general norms of labor legislation.<\/span><\/p>\n

Foreign citizens who legally entered the territory of the Republic of Uzbekistan for the purpose of carrying out work activities and do not have a residence permit are subject to labor legislation taking into account the specifics provided for in this chapter.<\/span><\/p>\n

Article 522. Age for hiring a foreign citizen<\/span><\/p>\n

Foreign citizens who legally entered the territory of the Republic of Uzbekistan for the purpose of carrying out work activities have the right to enter into individual labor relations as workers upon reaching the age of eighteen years.<\/span><\/p>\n

Article 523. Confirmation of the right to work on the territory of the Republic of Uzbekistan<\/span><\/p>\n

Foreign citizens who legally entered the territory of the Republic of Uzbekistan for the purpose of carrying out labor activities have the right to carry out labor activities in the territory of the Republic of Uzbekistan only on the basis of confirmation of the right to carry out labor activities in the territory of the Republic of Uzbekistan, with the exception of cases provided for by law.<\/span><\/p>\n

An employer has the right to conclude employment contracts with foreign citizens who have legally entered the territory of the Republic of Uzbekistan only if they have confirmation of the right to work in the territory of the Republic of Uzbekistan, except for cases provided for by law.<\/span><\/p>\n

Employment contracts on a part-time basis may be concluded with foreign citizens who legally entered the territory of the Republic of Uzbekistan to carry out work activities only if they receive a separate confirmation of the right to work in the territory of the Republic of Uzbekistan. The specifics of concluding employment contracts on a part-time basis with highly qualified and qualified specialists are established in Article 526 of this Code.<\/span><\/p>\n

The procedure for issuing confirmation of the right to work on the territory of the Republic of Uzbekistan is established by the Cabinet of Ministers of the Republic of Uzbekistan.<\/span><\/p>\n

Article 524. Validity of an employment contract with a foreign citizen who legally entered the territory of the Republic of Uzbekistan for the purpose of carrying out work activities<\/span><\/p>\n

The validity period of an employment contract with a foreign citizen who legally entered the territory of the Republic of Uzbekistan for the purpose of carrying out labor activities cannot exceed the validity period of confirmation of the right to work in the territory of the Republic of Uzbekistan, if the availability (receipt) of such confirmation is established by law.<\/span><\/p>\n

Article 525. Features of termination of an employment contract with an employee who is a foreign citizen who legally entered the territory of the Republic of Uzbekistan for the purpose of carrying out work activities<\/span><\/p>\n

In addition to the grounds provided for by this Code, the basis for termination of an employment contract with a foreign citizen is the expiration or cancellation of confirmation of the right to work in the territory of the Republic of Uzbekistan.<\/span><\/p>\n

The employment contract is subject to termination due to the expiration of the confirmation period for the right to work in the territory of the Republic of Uzbekistan on the day of its expiration.<\/span><\/p>\n

If confirmation of the right to work in the territory of the Republic of Uzbekistan is cancelled, the employment contract is subject to termination on the day the employer receives the corresponding notification from the Agency for External Labor Migration under the Ministry of Employment and Labor Relations of the Republic of Uzbekistan.<\/span><\/p>\n

Article 526. Peculiarities of legal regulation of labor of foreign citizens – highly qualified or qualified specialists<\/span><\/p>\n

For foreign citizens who legally entered the territory of the Republic of Uzbekistan for the purpose of carrying out work activities, who are highly qualified or qualified specialists, the legislation may provide for a different procedure for hiring, concluding and terminating an employment contract.<\/span><\/p>\n

The validity period of issued confirmations for the right to work in the territory of the Republic of Uzbekistan for highly qualified or qualified foreign specialists is, at their request, up <\/span>to three years from the date of issue with the possibility of an unlimited number of extensions, but not more than three years in each case.<\/span><\/p>\n

Highly qualified or qualified specialists have the right to work part-time in the territory of the Republic of Uzbekistan without obtaining confirmation of the right to work in the territory of the Republic of Uzbekistan.<\/span><\/p>\n

In case of early termination of an employment contract, highly qualified or qualified specialists have the right to look for another job within thirty working days, during which the validity of previously issued confirmations for the right to work in the territory of the Republic of Uzbekistan, as well as visas and residence permits, remains valid.<\/span><\/p>\n

The criteria for classifying foreign citizens as highly qualified or qualified specialists are established by the Cabinet of Ministers of the Republic of Uzbekistan.<\/span><\/p>\n

SECTION VII. PROTECTION OF LABOR RIGHTS OF WORKERS. CONSIDERATION OF LABOR DISPUTES<\/span><\/p>\n

Chapter 31. General provisions<\/span><\/p>\n

Article 527. Protection of labor rights of workers<\/span><\/p>\n

Protection of workers’ labor rights includes:<\/span><\/p>\n

prevention and (or) suppression of violations of labor legislation, other legal acts on labor, as well as the terms of employment contracts;<\/span><\/p>\n

restoration of the violated rights of the employee;<\/span><\/p>\n

compensation for material damage and (or) compensation for moral damage caused to an employee in connection with a violation of his labor rights;<\/span><\/p>\n

liability of employers and other officials guilty of violating the labor rights of an employee.<\/span><\/p>\n

Article 528. Inadmissibility of obstructing the implementation of an employee\u2019s right to protection of labor rights<\/span><\/p>\n

Obstruction of the employee\u2019s right to protection of labor rights is not allowed.<\/span><\/p>\n

Written or oral obligations of an employee to refuse to exercise the right to protect labor rights are invalid.<\/span><\/p>\n

Article 529. Basic methods of protecting labor rights<\/span><\/p>\n

The main ways to protect labor rights are:<\/span><\/p>\n

self-defense of labor rights by employees;<\/span><\/p>\n

state control and supervision of compliance with labor legislation, other legal acts on labor and labor protection rules;<\/span><\/p>\n

public control over compliance with labor legislation, other legal acts on labor and labor protection rules;<\/span><\/p>\n

protection of labor rights through conciliation and mediation procedures;<\/span><\/p>\n

protection of labor rights by labor dispute resolution bodies.<\/span><\/p>\n

Workers are guaranteed the right to choose the method of protecting their labor rights, to protect their labor rights by all means not prohibited by law.<\/span><\/p>\n

Chapter 32. Self-defense of labor rights by an employee<\/span><\/p>\n

Article 530. The concept and implementation of self-defense of labor rights by an employee<\/span><\/p>\n

Self-defense of labor rights by an employee is understood as the employee\u2019s independent legal actions aimed at restoring the violated right and (or) eliminating obstacles to its implementation without applying or, along with applying to the bodies exercising control and supervision of compliance with labor legislation, or to the bodies for considering individual labor disputes.<\/span><\/p>\n

An employee has the right to exercise the right to self-defense of labor rights (hereinafter referred to as self-defense) from the moment he learned or should have learned of a violation of his right.<\/span><\/p>\n

The employee has the right to decide to terminate self-defense at any time at his own discretion.<\/span><\/p>\n

Article 531. Forms of self-defense<\/span><\/p>\n

For the purpose of self-defense, an employee, having notified the employer or his immediate supervisor or another representative of the employer in writing, may refuse to perform work that directly threatens his life and health, as well as to perform, at the request of the employer:<\/span><\/p>\n

work not provided for in the employment contract;<\/span><\/p>\n

actions that are illegal or endanger life and health, discredit the honor and dignity, business reputation of the employee or other persons.<\/span><\/p>\n

For the period of refusal to perform work or perform actions, up to the elimination of the circumstances specified in part one of this article, the employee retains all rights provided for by labor legislation and other legal acts on labor.<\/span><\/p>\n

For the purpose of self-defense, an employee has the right to refuse to perform work or perform actions in other cases provided for by this Code or other laws.<\/span><\/p>\n

Article 532. Obligation of the employer not to interfere with employees in self-defense<\/span><\/p>\n

The employer and the employer’s representatives do not have the right to interfere with self-defense by employees.<\/span><\/p>\n

Prosecution of employees for using legally permitted methods of self-defense is prohibited.<\/span><\/p>\n

Article 533. Abuse of the right to self-defense<\/span><\/p>\n

Abuse of the right to self-defense is:<\/span><\/p>\n

deliberate refusal of an employee to perform work stipulated by the employment contract in cases not provided for by this Code or other law;<\/span><\/p>\n

refusal of an employee to perform work stipulated by the employment contract in the presence of circumstances provided for in part one of Article 531 of this Code, without notifying the employer about this;<\/span><\/p>\n

the employee\u2019s refusal to stop self-defense after eliminating the circumstances that served as the basis for self-defense.<\/span><\/p>\n

Abuse of the right to self-defense may serve as grounds for bringing the employee to disciplinary action. In cases where abuse of the right to self-defense resulted in direct actual damage to the employer, the employee may be obligated to compensate for this damage in the manner and amount provided for by this Code.<\/span><\/p>\n

Chapter 33. Control and supervision of compliance with labor legislation, other legal acts on labor and labor protection rules<\/span><\/p>\n

\u00a7 1. State control and supervision of compliance with labor legislation, other legal acts on labor and labor protection rules<\/span><\/p>\n

Article 534. Authorized state bodies exercising state control and supervision over compliance with labor legislation, other legal acts on labor and labor protection rules<\/span><\/p>\n

State control and supervision over compliance with labor legislation, other legal acts on labor and labor protection rules are carried out by the Ministry of Employment and Labor Relations of the Republic of Uzbekistan, as well as other government bodies in the manner prescribed by law.<\/span><\/p>\n

Prosecutor’s offices, within the limits of their powers, exercise supervision over the accurate and uniform implementation of this Code, as well as other laws in accordance with the Law of the Republic of Uzbekistan \u201cOn the Prosecutor\u2019s Office\u201d.<\/span><\/p>\n

State control and supervision over compliance with the requirements for the safe conduct of work in certain areas of activity (state energy supervision, state sanitary and epidemiological supervision, state supervision over compliance with industrial, nuclear and radiation safety requirements and others) are carried out in accordance with the legislation by authorized state bodies.<\/span><\/p>\n

Departmental control over compliance with labor legislation, other legal acts on labor and labor protection rules in subordinate organizations is carried out by state bodies in the manner and under the conditions determined by law.<\/span><\/p>\n

Article 535. State Labor Inspectorate of the Ministry of Employment and Labor Relations of the Republic of Uzbekistan<\/span><\/p>\n

The State Labor Inspectorate of the Ministry of Employment and Labor Relations of the Republic of Uzbekistan (hereinafter referred to as the State Labor Inspectorate) is a structural unit of the Ministry of Employment and Labor Relations of the Republic of Uzbekistan, exercising state control and supervision over employers\u2019 compliance with the requirements of labor legislation, legislation on employment, and compulsory civil liability insurance employer, on the rights of persons with disabilities, other legal acts on labor, labor protection rules and labor standards.<\/span><\/p>\n

Article 536. Inspections carried out by state labor inspectors<\/span><\/p>\n

State labor inspectors, in order to exercise state control and supervision over compliance with labor legislation, other legal acts on labor and labor protection rules, conduct scheduled and unscheduled inspections of employers throughout the territory of the Republic of Uzbekistan in the manner prescribed by law.<\/span><\/p>\n

The subject of the inspection is compliance with the requirements of labor legislation, other legal acts on labor and labor protection rules, compliance by employers with orders of state labor inspectors to eliminate violations identified during inspections.<\/span><\/p>\n

The procedure for conducting inspections by state labor inspectors is determined by law.<\/span><\/p>\n

Article 537. Appeal of unlawful decisions, actions (inaction) of state labor inspectors<\/span><\/p>\n

Unlawful decisions, actions (inaction) of state labor inspectors can be appealed to a higher labor inspectorate and (or) to court.<\/span><\/p>\n

Article 538. Liability for obstructing the activities of the State Labor Inspectorate<\/span><\/p>\n

Failure to comply with orders, representations and other acts of the State Labor Inspectorate, as well as interference in the activities of the State Labor Inspectorate and influence in any form on its employees in order to impede the legal execution of assigned tasks and functions is prohibited and entails liability established by law.<\/span><\/p>\n

\u00a7 2. Public control over compliance with labor legislation, other legal acts on labor and labor protection rules<\/span><\/p>\n

Article 539. Subjects of public control over compliance with labor legislation, other legal acts on labor and labor protection rules<\/span><\/p>\n

Public control over compliance with labor legislation, other legal acts on labor and labor protection rules is carried out by subjects of public control in accordance with the Law of the Republic of Uzbekistan \u201cOn Public Control\u201d.<\/span><\/p>\n

The subjects of public control over compliance with labor legislation, other legal acts on labor and labor protection rules are citizens of the Republic of Uzbekistan, self-government bodies of citizens, as well as non-governmental non-profit organizations and the media.<\/span><\/p>\n

Public control over compliance with labor legislation, other legal acts on labor and labor protection rules can also be carried out by public councils, commissions and other public organizational structures in accordance with the law.<\/span><\/p>\n

Trade unions are special subjects of public control over compliance with labor legislation, other legal acts on labor and labor protection rules.<\/span><\/p>\n

Article 540. Rights of trade unions in exercising public control over compliance with labor legislation, other legal acts on labor and labor protection rules<\/span><\/p>\n

Trade unions, their associations, divisions and primary trade union organizations have the right to exercise public control in the workplace over compliance by employers with the requirements of labor legislation and labor protection rules, as well as collective agreements and collective agreements, other acts adopted by the employer in agreement with the trade union committee.<\/span><\/p>\n

Trade unions have the right to participate in the examination of the safety of working conditions at designed, constructed and operated production facilities, as well as in the examination of the safety of designed and operated mechanisms and tools, in identifying the causes of labor protection violations, in the investigation of industrial accidents and occupational diseases, in meetings of medical and social expert commission.<\/span><\/p>\n

When exercising public control over compliance with labor legislation, other legal acts on labor and labor protection rules, trade unions have the right to:<\/span><\/p>\n

participate in relevant public councils under local government authorities and government bodies;<\/span><\/p>\n

send employers submissions on eliminating identified violations of labor legislation, other legal acts on labor and labor protection rules, which are mandatory for consideration;<\/span><\/p>\n

contact the relevant authorities with a demand to bring to justice persons guilty of violating labor legislation, other legal acts on labor and labor protection rules, concealing the facts of industrial accidents;<\/span><\/p>\n

make proposals to the employer to suspend work in cases of threat to the life and health of workers, as well as to eliminate violations of labor protection requirements;<\/span><\/p>\n

study the state of labor protection, monitor the fulfillment of employers\u2019 obligations on labor protection provided for by collective agreements and the collective agreement;<\/span><\/p>\n

have access to the workplaces of workers whose interests they represent;<\/span><\/p>\n

take part in the consideration of individual and collective labor disputes;<\/span><\/p>\n

go to court to protect the labor rights of workers.<\/span><\/p>\n

When exercising public control over compliance with labor legislation, other legal acts on labor and labor protection rules, trade unions have other rights in accordance with the Law of the Republic of Uzbekistan \u201cOn Trade Unions\u201d.<\/span><\/p>\n

To carry out public control over compliance with labor legislation, other legal acts on labor and labor protection rules, trade unions, as well as their associations, have the right to create their own inspectorates.<\/span><\/p>\n

Chapter 34. Consideration of labor disputes<\/span><\/p>\n

\u00a7 1. General Provisions<\/span><\/p>\n

Article 541. Concept of labor disputes<\/span><\/p>\n

Labor disputes are unresolved disagreements between an employer and an employee or between employees (their representatives) and employers (their representatives) on the application of labor legislation, other legal acts on labor and labor protection rules, an employment contract, as well as on issues of establishing new ones or changing existing ones working conditions.<\/span><\/p>\n

Article 542. Types of labor disputes<\/span><\/p>\n

Depending on the subject composition, labor disputes can be individual or collective.<\/span><\/p>\n

An individual labor dispute is an unresolved disagreement between an employer and an employee on the following issues:<\/span><\/p>\n

application of labor legislation, other legal acts on labor and labor protection rules, employment contracts;<\/span><\/p>\n

establishing new or changing existing individual working conditions for the employee (including remuneration).<\/span><\/p>\n

An individual labor dispute is also a dispute:<\/span><\/p>\n

between an employer and a person who previously had an employment relationship with that employer;<\/span><\/p>\n

between an employer and a person who has expressed a desire to conclude an employment contract with this employer, in the event of the employer\u2019s refusal to hire this person.<\/span><\/p>\n

Collective labor disputes are unresolved disagreements between employees (their representatives) and employers (their representatives) on the following issues:<\/span><\/p>\n

establishing new or changing existing working conditions (including remuneration);<\/span><\/p>\n

concluding and amending collective agreements, collective agreements, as well as other legal acts on labor, which, in accordance with the law, are adopted in agreement with employee representatives;<\/span><\/p>\n

application of labor legislation, other legal acts on labor and labor protection rules.<\/span><\/p>\n

Depending on the method of resolution, labor disputes can be of an action or non-action nature.<\/span><\/p>\n

Claimable disputes (legal disputes) include disputes arising on the application of labor legislation, other legal acts on labor and labor protection rules, and an employment contract. Individual and collective disputes of a claim nature are considered by labor dispute resolution bodies. Based on the voluntary consent of the parties, in order to achieve a mutually acceptable solution at any stage of consideration of labor disputes of a claim nature, a dispute resolution procedure can be applied with the assistance of a mediator.<\/span><\/p>\n

Disputes of a non-claim nature (disputes of interest) include collective and individual labor disputes arising on the issues of establishing new and changing existing working conditions (including wages), concluding, amending collective agreements, a collective agreement or local acts that are adopted in accordance with the law in agreement with employee representatives. Collective and individual labor disputes of a non-claim nature are resolved through the use of conciliation and mediation procedures or dispute resolution procedures with the assistance of a mediator.<\/span><\/p>\n

\u00a7 2. Consideration of individual labor disputes<\/span><\/p>\n

Article 543. Procedure for considering individual labor disputes<\/span><\/p>\n

The procedure for considering individual labor disputes on the application of labor legislation and other legal acts on labor, an employment contract (individual labor disputes of a claimable nature) is determined by this Code, and the procedure for considering cases on labor disputes in the courts is determined, in addition, by the Civil Procedure Code of the Republic of Uzbekistan.<\/span><\/p>\n

Individual labor disputes about establishing new working conditions for an employee or changing existing working conditions (individual labor disputes of a non-action nature) are resolved by the employer and the trade union committee.<\/span><\/p>\n

Article 544. Parties to individual labor disputes<\/span><\/p>\n

One party to an individual labor dispute is the employer, and the other party is the employee, a person who previously had an employment relationship with this employer, a person who has expressed a desire to conclude an employment contract with the employer, in the event of the employer\u2019s refusal to conclude such an agreement.<\/span><\/p>\n

Each party to an individual labor dispute has the right to involve representatives to protect their rights.<\/span><\/p>\n

Article 545. Bodies considering individual labor disputes<\/span><\/p>\n

Individual labor disputes are considered:<\/span><\/p>\n

commissions on labor disputes, with the exception of disputes that are directly considered by the court;<\/span><\/p>\n

court.<\/span><\/p>\n

An employee has the right, at his choice, to apply to the labor dispute commission or directly to the court to resolve a labor dispute.<\/span><\/p>\n

Any individual labor dispute at any stage of consideration in a labor dispute commission or in court, before the court moves to a separate (deliberative) room to adopt a judicial act, can be referred to a mediator in accordance with the Law of the Republic of Uzbekistan \u201cOn Mediation\u201d.<\/span><\/p>\n

Article 546. Satisfaction of employee\u2019s monetary claims<\/span><\/p>\n

The employer has the right to satisfy the employee\u2019s monetary claims for the entire period without any time limit.<\/span><\/p>\n

If the labor dispute commission or the court considering an individual labor dispute recognizes the employee\u2019s monetary claims as justified, they are satisfied in full.<\/span><\/p>\n

\u00a7 3. The procedure for considering individual labor disputes in the labor dispute commission<\/span><\/p>\n

Article 547. Formation of a commission on labor disputes<\/span><\/p>\n

The collective agreement, and if it is not concluded, by agreement between the employer and the trade union committee, may provide for the creation of a commission on labor disputes.<\/span><\/p>\n

By agreement between the employer and the trade union committee or in cases provided for by the collective agreement, labor dispute commissions can be created in the structural divisions of organizations.<\/span><\/p>\n

Labor dispute commissions in the structural divisions of the organization act on the same basis as the labor dispute commissions of the organization. Labor dispute commissions of structural divisions of organizations can consider individual labor disputes within the powers of these commissions, determined by the collective agreement, and if it is not concluded, by the employer in agreement with the trade union committee of the organization.<\/span><\/p>\n

Labor dispute commissions are created on a parity basis by the employer and the trade union committee from an equal number of representatives from each party.<\/span><\/p>\n

The employer and the trade union committee, having received a proposal in writing to create a labor dispute commission, are obliged to send their representatives to the commission within ten days.<\/span><\/p>\n

Members of the labor dispute commission from the trade union committee are approved by a resolution (decision) of the relevant trade union committee, and members of the commission of employer representatives are approved by its order.<\/span><\/p>\n

The quantitative composition and terms of office of the labor dispute commission are determined by the collective agreement, and if it is not concluded, in another local act approved by agreement between the employer and the trade union committee.<\/span><\/p>\n

The procedure for conducting office work by the labor dispute commission is established in the relevant regulation or other local act, approved by agreement between the employer and the trade union committee.<\/span><\/p>\n

Organizational and technical support for the activities of the labor dispute commission is carried out by the employer. The employer, with the consent of the employee, may entrust him with the functions of the person responsible for organizational and technical support for the activities of the commission.<\/span><\/p>\n

Article 548. Powers of the commission on labor disputes<\/span><\/p>\n

The Labor Dispute Commission is a body for the consideration of individual labor disputes on the application of labor legislation, other legal acts on labor, and an employment contract, with the exception of disputes that are directly considered by the court.<\/span><\/p>\n

The powers of labor dispute commissions created in structural divisions of organizations are determined in the relevant regulations or other local act approved by agreement between the employer and the trade union committee.<\/span><\/p>\n

Article 549. Procedure for submitting an application to the labor dispute commission<\/span><\/p>\n

An employee\u2019s application received by the labor dispute commission is subject to mandatory registration.<\/span><\/p>\n

An employee\u2019s application to the labor dispute commission must contain:<\/span><\/p>\n

date (when the employee learned or should have learned about the violation of his right, and with which he associates the beginning of the period for applying to the commission);<\/span><\/p>\n

evidence available to the employee to support his arguments;<\/span><\/p>\n

employee requirements;<\/span><\/p>\n

list of documents attached to the application.<\/span><\/p>\n

Article 550. Preparation for consideration of an individual labor dispute in the labor dispute commission<\/span><\/p>\n

Before the meeting, the Labor Dispute Commission:<\/span><\/p>\n

clarifies the circumstances that are important for the correct resolution of an individual labor dispute (clarifies the subject of proof);<\/span><\/p>\n

identifies the range of laws and other legal acts on labor that should be followed when resolving a dispute;<\/span><\/p>\n

clarifies the composition of persons participating in the consideration of the dispute;<\/span><\/p>\n

determines the list of evidence that each party must present in support of its claims.<\/span><\/p>\n

Article 551. Procedure for considering an individual labor dispute in a labor dispute commission<\/span><\/p>\n

The Labor Dispute Commission is obliged to consider an individual labor dispute within ten calendar days from the date the employee submits the application.<\/span><\/p>\n

Individual labor disputes considered by labor dispute commissions can, if necessary, be considered during the employee\u2019s non-working hours.<\/span><\/p>\n

A labor dispute is considered in the presence of the employee who filed the application or his representative. Consideration of a labor dispute in the absence of an employee or his representative is permitted only upon a written application from the employee. If an employee or his representative fails to appear at a meeting of the labor dispute commission, the consideration of the labor dispute is postponed. In the event of a second failure of the employee or his representative to appear without valid reasons, the commission may make a decision to withdraw the issue from consideration, which does not deprive the employee of the right to submit an application for consideration of the labor dispute again within the period established by this Code. The commission’s decision to withdraw the application from consideration is brought to the attention of the employee in writing, with a mandatory indication of the reason for withdrawing the application from consideration.<\/span><\/p>\n

An employee at any stage of consideration of a labor dispute in a labor dispute commission has the right to terminate the dispute.<\/span><\/p>\n

Individual labor disputes of workers aged fifteen to sixteen years are considered by the labor dispute commission with the participation of one of the parents or guardian.<\/span><\/p>\n

An employee or trade union committee has the right to invite a lawyer, expert or other third party to participate in the consideration of a labor dispute.<\/span><\/p>\n

The Labor Dispute Commission has the right to call witnesses to its meeting and invite specialists.<\/span><\/p>\n

At the request of the labor dispute commission, the employer (his representatives) is obliged to submit the necessary documents to it within the period established by the commission.<\/span><\/p>\n

A meeting of the labor dispute commission is considered competent if at least half of its members from each party are present.<\/span><\/p>\n

An equal number of representatives of the employer and the trade union committee must participate in the meeting of the labor dispute commission.<\/span><\/p>\n

The decision made by the unauthorized composition of the labor dispute commission is illegal.<\/span><\/p>\n

The duties of the chairman at each meeting of the labor dispute commission are performed alternately by representatives of the employer and the trade union committee. In this case, the duties of the chairman and secretary at the same meeting cannot be performed by representatives of one party.<\/span><\/p>\n

At the first meeting of the labor dispute commission, by agreement of the members of the commission (representatives of workers and employers), the chairman and secretary of this meeting are determined. At subsequent meetings of the commission, the parties appoint a chairman and secretary of each subsequent meeting, who are responsible for preparing and convening the meeting.<\/span><\/p>\n

The meeting of the labor dispute commission is opened by the chairman, announcing which dispute is to be considered and the composition of the commission. The chairman checks the <\/span>presence of the parties, the authority of the representatives, then explains to the persons participating in the meeting of the commission their rights and obligations.<\/span><\/p>\n

Parties to an individual labor dispute considered by a labor dispute commission have the right to:<\/span><\/p>\n

present evidence;<\/span><\/p>\n

participate in the examination of evidence;<\/span><\/p>\n

ask questions to persons participating in the commission meeting, witnesses, specialists and other persons invited to the commission meeting;<\/span><\/p>\n

submit petitions;<\/span><\/p>\n

give oral and written explanations to the commission;<\/span><\/p>\n

object to the petitions and arguments of other persons participating in the commission meeting;<\/span><\/p>\n

appeal the commission’s decision in court;<\/span><\/p>\n

use audio and video equipment at the commission meeting.<\/span><\/p>\n

When considering an individual labor dispute on its merits, the labor dispute commission first hears the employee\u2019s explanations regarding his stated demands. Then the representative of the employer is heard, the evidence of the parties is examined, witnesses, specialists and other persons invited to participate in the consideration of the dispute are heard.<\/span><\/p>\n

Article 552. Minutes of the meeting of the commission on labor disputes<\/span><\/p>\n

At a meeting of the labor dispute commission, minutes are kept and signed by the chairman and secretary of the commission.<\/span><\/p>\n

The minutes of the meeting of the labor dispute commission reflect the entire course of the meeting:<\/span><\/p>\n

date of the meeting;<\/span><\/p>\n

composition of the commission;<\/span><\/p>\n

what application is being considered;<\/span><\/p>\n

procedure for conducting a meeting of the commission;<\/span><\/p>\n

presentation of explanations and arguments given by the employee (his representative) and the employer\u2019s representative, as well as testimony of witnesses, opinions of specialists;<\/span><\/p>\n

essence of the decision.<\/span><\/p>\n

The parties to an individual labor dispute and interested participants in the meeting of the labor dispute commission have the right to familiarize themselves with the minutes of the meeting and, within three working days from the date of its signing, can submit written comments to the minutes indicating errors, distortions or incompleteness. The commission must attach the parties’ written comments to the minutes of the meeting.<\/span><\/p>\n

Keeping minutes of a meeting of a labor dispute commission can be carried out electronically by audio or video recording of a meeting of the commission.<\/span><\/p>\n

Article 553. Refusal to accept an employee\u2019s application<\/span><\/p>\n

The labor dispute commission refuses to accept an employee\u2019s application if there is another application in the proceedings of the labor dispute commission or court regarding a dispute between the same parties, on the same subject and on the same grounds, or if the application on behalf of the employee is submitted by a person who does not have a then the powers, or if the consideration of this individual labor dispute is not within the powers of the commission.<\/span><\/p>\n

The chairman of the labor dispute commission, appointed at the previous meeting, issues the applicant a reasoned written refusal to accept the application within three days.<\/span><\/p>\n

Article 554. Time limit for applying to the labor dispute commission<\/span><\/p>\n

An employee may appeal to the labor dispute commission within six months from the day he learned or should have learned about a violation of his rights.<\/span><\/p>\n

If, for good reason, the deadline established in part one of this article is missed, the labor dispute commission may restore it and consider the dispute on the merits.<\/span><\/p>\n

The period of application for consideration of individual labor disputes is suspended for the period of consideration of the individual labor dispute through mediation.<\/span><\/p>\n

Article 555. Decision of the labor dispute commission<\/span><\/p>\n

The Labor Dispute Commission makes a decision by agreement of representatives of the trade union committee and the employer.<\/span><\/p>\n

The decision of the labor dispute commission must be motivated and based on labor legislation and other legal acts on labor and employment contracts.<\/span><\/p>\n

The decision of the labor dispute commission shall indicate:<\/span><\/p>\n

the name of the organization, and in the case when an individual labor dispute is considered by the labor dispute commission of a separate division of the organization – the name of the division, surname, first name, patronymic, position, profession or specialty of the employee who applied to the commission;<\/span><\/p>\n

dates of application to the commission and consideration of the dispute, the essence of the dispute;<\/span><\/p>\n

last names, first names, patronymics of commission members and other persons present at the meeting;<\/span><\/p>\n

the essence of the decision and its justification (with reference to legislation and other legal acts on labor, employment contract);<\/span><\/p>\n

Voting results.<\/span><\/p>\n

The decision of the labor dispute commission on monetary claims must indicate the exact amount due to the employee.<\/span><\/p>\n

The decision of the labor dispute commission is signed by the chairman and secretary of the commission meeting, is binding and is not subject to any approval.<\/span><\/p>\n

A copy of the decision of the labor dispute commission is handed over (sent) to the employee, employer and trade union committee within three days from the date of the decision.<\/span><\/p>\n

Article 556. Transferring the consideration of an individual labor dispute to court and appealing the decision of the labor dispute commission<\/span><\/p>\n

If the labor dispute commission does not consider or resolve an individual labor dispute within ten days, the interested employee or his representative has the right to go to court.<\/span><\/p>\n

The decision of the labor dispute commission may be appealed by the interested employee or employer to the court within ten days from the date of delivery of a copy of the commission’s decision. Missing the specified deadline is not grounds for refusing to accept the application. Having recognized the reasons for absence as valid, the court may restore this period and consider the individual labor dispute on its merits.<\/span><\/p>\n

Article 557. Guarantees for members of the labor dispute commission<\/span><\/p>\n

In relation to employees – members of the labor dispute commission during the period of exercise of their powers, a reduction in the tariff rate (salary) and termination of the employment contract at the initiative of the employer are not allowed, except for the cases provided for in paragraph 1 of part two of Article 161 of this Code.<\/span><\/p>\n

During the period of direct consideration of an individual labor dispute and preparation of the case for consideration, employees – members of the labor dispute commission are relieved of labor duties while maintaining the average salary.<\/span><\/p>\n

\u00a7 4. Consideration of individual labor disputes in court<\/span><\/p>\n

Article 558. Individual labor disputes subject to direct consideration in court<\/span><\/p>\n

Individual labor disputes are considered directly in court:<\/span><\/p>\n

1) if a labor dispute commission has not been created at the employee\u2019s place of work;<\/span><\/p>\n

2) on reinstatement at work, regardless of the grounds for termination of the employment contract, on changing the date and wording of the grounds for termination of the employment contract, on payment for the time of forced absence or performing lower-paid work;<\/span><\/p>\n

3) on compensation by the employer for harm caused to an employee by a work injury or occupational disease, or for material damage to the employee\u2019s property;<\/span><\/p>\n

4) on compensation for moral damage caused to the employee by the employer;<\/span><\/p>\n

5) refusal to hire;<\/span><\/p>\n

6) on issues that were previously decided by the employer in agreement with the trade union committee;<\/span><\/p>\n

7) arising between employees and employers – individuals;<\/span><\/p>\n

8) persons who believe that they have been discriminated against in the field of work and occupation;<\/span><\/p>\n

9) on compensation by the employee for material damage caused to the employer.<\/span><\/p>\n

Individual labor disputes, in addition to those listed in part one of this article, at the request of the employee, are also considered directly in the courts.<\/span><\/p>\n

It is unacceptable to refuse to consider an employee\u2019s application on the grounds that an individual labor dispute has not been considered by the labor dispute commission.<\/span><\/p>\n

Article 559. The right to go to court for consideration of an individual labor dispute<\/span><\/p>\n

The following have the right to apply to court for consideration of an individual labor dispute:<\/span><\/p>\n

1) employee or trade union committee;<\/span><\/p>\n

2) officials of the State Labor Inspectorate;<\/span><\/p>\n

3) the employer, when he does not agree with the decision of the labor dispute commission, as well as in disputes regarding compensation for material damage caused by an employee;<\/span><\/p>\n

4) judicial authorities in the manner prescribed by law;<\/span><\/p>\n

5) prosecutor.<\/span><\/p>\n

Article 560. Time limits for applying to court for consideration of an individual labor dispute<\/span><\/p>\n

For applying to court for consideration of an individual labor dispute, the following deadlines are established:<\/span><\/p>\n

for disputes about reinstatement at work – three months from the date of delivery to the employee of a copy of the employer\u2019s order to terminate the employment contract with him;<\/span><\/p>\n

in disputes regarding compensation by an employee for material damage caused to the employer – one year from the date the employer discovered the damage caused;<\/span><\/p>\n

for other labor disputes – six months from the day the employee learned or should have learned about the violation of his right.<\/span><\/p>\n

In disputes about compensation for harm caused to the life and health of an employee, as well as in disputes about compensation for moral damage caused to an employee, there is no time limit for going to court.<\/span><\/p>\n

The period for applying to the court for consideration of individual labor disputes is suspended for the period of consideration of the individual labor dispute through mediation.<\/span><\/p>\n

Article 561. Making decisions on disputes regarding termination of an employment contract and transfer to another job<\/span><\/p>\n

In cases of termination of an employment contract without legal grounds, illegal transfer, change in working conditions or removal from work, the body considering an individual labor dispute restores the employee to his previous job, as well as the previous working conditions.<\/span><\/p>\n

When deciding the legality of terminating an employment contract at the initiative of the employer, the court assesses the validity of terminating the employment relationship with the employee.<\/span><\/p>\n

The court considering an individual labor dispute decides to pay the employee the average wage for the entire period of forced absence or the difference in wages for the entire period of performing lower-paid work.<\/span><\/p>\n

An employee whose employment contract was terminated due to an illegal conviction, or suspended from work (position) due to illegal criminal prosecution, must be given his previous job (position), and if this is not possible (liquidation of the organization (its separate division) , a change in staffing that resulted in a layoff, or if there are other grounds provided by law that prevent reinstatement at work (position), – another equivalent job (position).<\/span><\/p>\n

In cases of liquidation of an organization (its separate division) or in the presence of other grounds provided by law that prevent reinstatement at work (in position), the provision of other equivalent work is carried out by local labor authorities.<\/span><\/p>\n

Article 562. Exemption of employees from legal costs<\/span><\/p>\n

Employees who go to court on claims arising from individual labor relations are exempt from paying court costs.<\/span><\/p>\n

Article 563. No restrictions on the amount of the claim and its security<\/span><\/p>\n

No restrictions can be placed on the amount of the claim in individual labor disputes and on securing the claim.<\/span><\/p>\n

Article 564. Imposition of financial liability on an official guilty of illegal termination of an employment contract, illegal removal from work or illegal transfer of an employee to another job<\/span><\/p>\n

If an official causes damage to the employer related to the payment of wages to an employee with whom the employment contract was illegally terminated, an employee who was illegally removed from work or an employee who was illegally transferred to another job, the court imposes the obligation to compensate for the damage caused on the official guilty of violation of labor laws. Such an obligation is also imposed if the official delays the execution of the decision of the labor dispute commission or court on the reinstatement of the employee at work.<\/span><\/p>\n

The amount of compensation for material damage cannot exceed three monthly salaries of the official.<\/span><\/p>\n

Article 565. Compensation for moral damage<\/span><\/p>\n

In cases where a violation of an employee\u2019s labor rights entailed causing him moral and (or) physical suffering, the court has the right, at the request of the employee, to make a decision on compensation for moral damage caused by the employer. The amount of moral damage is determined by the court.<\/span><\/p>\n

\u00a7 5. The procedure for executing decisions on individual labor disputes<\/span><\/p>\n

Article 566. Execution of the decision of the labor dispute commission<\/span><\/p>\n

The decision of the labor dispute commission is subject to execution by the employer within three days after the expiration of ten days provided for appeal.<\/span><\/p>\n

If the employer fails to comply with the decision of the labor dispute commission within the time period provided for in part one of this article, the employee is issued by the commission a certificate that has the force of a writ of execution (hereinafter referred to as the certificate).<\/span><\/p>\n

The certificate indicates:<\/span><\/p>\n

the name of the labor dispute commission that made a decision on the labor dispute;<\/span><\/p>\n

dates of the decision and issuance of the certificate;<\/span><\/p>\n

surname, name, patronymic of the employee;<\/span><\/p>\n

decision on the merits of the dispute.<\/span><\/p>\n

The certificate is certified by the signatures of the chairman and secretary of the commission and is issued to the employee against signature.<\/span><\/p>\n

An employee may apply to the labor dispute commission to obtain a certificate within one month from the date of the commission\u2019s decision.<\/span><\/p>\n

The certificate is not issued if the employee or employer filed an application for consideration of an individual labor dispute in court.<\/span><\/p>\n

On the basis of a certificate issued by the labor dispute commission and presented no later than three months from the date of its receipt, the state executor enforces the commission\u2019s decision forcibly in accordance with the Law of the Republic of Uzbekistan \u201cOn the execution of judicial acts and acts of other bodies.\u201d<\/span><\/p>\n

If the labor dispute commission recognizes that an employee missed the deadlines established in parts five and seven of this article, the commission restores these deadlines.<\/span><\/p>\n

Article 567. Limitation of reverse recovery of amounts paid by decision of bodies considering individual labor disputes<\/span><\/p>\n

Refund from an employee of amounts paid to him by decision of the labor dispute commission, as well as by a court decision on an individual labor dispute, when the decision is canceled, is allowed only in cases where the canceled decision was based on false information provided by the employee or forged documents submitted by him .<\/span><\/p>\n

Article 568. Changing the wording of the grounds for termination of an employment contract<\/span><\/p>\n

If the wording of the grounds for termination of the employment contract is recognized as incorrect or inconsistent with the law, the court changes the wording and indicates in the decision the grounds for termination of the employment contract in strict accordance with the law with reference to the relevant article (part, paragraph, paragraph) of the law.<\/span><\/p>\n

At the same time, the court decides on the provision of guarantees provided for by law and the amount of severance pay due to the employee.<\/span><\/p>\n

If the court recognizes that the wording of the grounds for termination of the employment contract discredits the honor, dignity and business reputation of the employee, then the court, at his request, decides on the issue of compensation for moral damage caused to him.<\/span><\/p>\n

Article 569. Immediate execution of decisions on certain individual labor disputes<\/span><\/p>\n

A court decision on the reinstatement of an employee with whom the employment contract was illegally terminated, as well as on changing the wording of the grounds for termination of the employment contract, or a decision of the body for the consideration of individual labor disputes on the reinstatement of an employee who was illegally transferred to another job or on the provision of the previous job. an employee illegally suspended from work is subject to immediate execution. If the employer delays the execution of such a decision, the labor dispute resolution body that made the decision, at the request of the employee, makes a corresponding determination or decision to pay the employee the average wage or the difference in wages in full for the entire time of delay in the execution of the determination or decision.<\/span><\/p>\n

In case of untimely execution by the employer of the decision of the labor dispute commission, the employee, illegally transferred or illegally suspended from work, has the right to go to court with a demand for the employer to pay him the average wage for the period of forced absence or the difference in wages caused by the delay in execution of the commission’s decision.<\/span><\/p>\n

The decision of the labor dispute resolution body to award wages to the employee is also subject to immediate execution, but not more than three months in advance.<\/span><\/p>\n

In case of cancellation of judicial acts on claims arising from individual labor relations, a reversal of the execution of the judicial act is allowed if the canceled judicial act was based on false information provided by the plaintiff or forged documents submitted by him.<\/span><\/p>\n

\u00a7 6. Resolution (settlement) of collective labor disputes<\/span><\/p>\n

Article 570. Basic concepts<\/span><\/p>\n

Conciliation and mediation procedures represent a consistent resolution (settlement) of a collective labor dispute, initially in a conciliation commission, and if no agreement is reached in it, in labor arbitration, as well as by mutual agreement of the parties using the mediation procedure.<\/span><\/p>\n

The conciliation commission is a body created by agreement between the employer and employees (their representatives) to resolve (settle) a collective labor dispute through reconciliation of the parties.<\/span><\/p>\n

Labor arbitration is a temporary or permanent body created by the parties to a collective labor dispute to resolve it if an agreement is not reached in a conciliation commission with the involvement of authorized persons.<\/span><\/p>\n

The day the collective labor dispute begins is the day the employer (his representative) communicates the decision to reject all or part of the claims of the employees (their representatives) or the employer (his representative) fails to communicate his decision within the time limits provided for in parts two and three of Article 572 of this Code.<\/span><\/p>\n

Article 571. Putting forward demands of employees and their representatives<\/span><\/p>\n

Employees and their representatives, determined in accordance with Article 42 of this Code, have the right to put forward demands.<\/span><\/p>\n

Requirements put forward by employees of an organization, (a separate division of an organization) and (or) their representatives are approved at the relevant general meeting (conference) of employees, set out in writing and sent to the employer by representatives of employees authorized by them to resolve (settle) a collective labor dispute.<\/span><\/p>\n

The employer is obliged to provide employees or employee representatives with the necessary premises for holding a general meeting (conference) to put forward demands and has no right to interfere with its holding.<\/span><\/p>\n

The demands of trade unions and their associations are put forward by their elected collegial bodies and sent to the parties to the social partnership.<\/span><\/p>\n

The requirements provided for in parts two and four of this article may be sent to the relevant state body for the resolution (settlement) of collective labor disputes, including in the form of an electronic document. In this case, the state body for the resolution (settlement) of collective labor disputes is obliged to verify the receipt of the requirements by the other party to the collective labor dispute.<\/span><\/p>\n

Article 572. Consideration of demands of employees and their representatives<\/span><\/p>\n

Employers are obliged to take into consideration the demands of employees sent to them.<\/span><\/p>\n

The employer informs the trade union committee of the decision in writing within three working days from the date of receipt of the workers’ request.<\/span><\/p>\n

Representatives of employers (associations of employers) are obliged to accept for consideration the demands of trade unions, their associations sent to them, and in the absence of trade unions at the appropriate level – other associations of workers, and inform them of the decision made within one month from the date of receipt of these demands.<\/span><\/p>\n

Article 573. Conciliation and mediation procedures<\/span><\/p>\n

The procedure for resolving (settling) a collective labor dispute consists of the following stages:<\/span><\/p>\n

consideration of the dispute by a conciliation commission;<\/span><\/p>\n

consideration of the dispute with the participation of a mediator;<\/span><\/p>\n

consideration of the dispute by labor arbitration.<\/span><\/p>\n

None of the parties to a collective labor dispute has the right to evade participation in the conciliation procedure.<\/span><\/p>\n

Representatives of the parties to a collective labor dispute, a conciliation commission, a mediator, labor arbitration, and a state body for the settlement of collective labor disputes are obliged to use all opportunities provided by law to resolve the collective labor dispute that has arisen.<\/span><\/p>\n

Conciliation and mediation procedures are carried out within the time limits provided for in this paragraph.<\/span><\/p>\n

If necessary, the deadlines provided for conciliation and mediation procedures may be extended with the consent of the parties to a collective labor dispute. The decision to extend the period is documented in the minutes of the meeting of the conciliation commission.<\/span><\/p>\n

Article 574. Resolution (settlement) of a collective labor dispute by a conciliation commission<\/span><\/p>\n

In the event of a collective labor dispute arising at the primary level of social partnership, a conciliation commission is created within up to two working days from the date of the start of the collective labor dispute, and in the event of a collective labor dispute arising at other levels of social partnership – within up to three working days from the date of the start of the collective labor dispute.<\/span><\/p>\n

The decision to create a conciliation commission when resolving a collective labor dispute at the primary level of social partnership is formalized by an appropriate order (instruction) of the employer and a decision (resolution) of the trade union committee.<\/span><\/p>\n

Decisions on the creation of conciliation commissions when resolving collective labor disputes at other levels of social partnership are formalized by relevant acts (order, regulation, resolution) of representatives of employers and representatives of employees at the appropriate level.<\/span><\/p>\n

The conciliation commission is formed from representatives of the parties to a collective labor dispute on a parity basis.<\/span><\/p>\n

The employer (employers’ representative) creates the necessary conditions for the work of the conciliation commission.<\/span><\/p>\n

A collective labor dispute at the primary level of social partnership must be considered by the conciliation commission within up to five working days, and a collective labor dispute at other levels of social partnership – within up to ten working days from the date of adoption of the relevant acts on its creation.<\/span><\/p>\n

The decision of the conciliation commission is made by agreement of the parties to a collective labor dispute, is documented in a protocol, is binding on the parties to this dispute and is executed in the manner and within the time frame established by the decision of the conciliation commission.<\/span><\/p>\n

If no agreement is reached in the conciliation commission, the parties to the collective labor dispute draw up a protocol of disagreements and begin negotiations on the consideration of the collective labor dispute with the participation of a mediator.<\/span><\/p>\n

If, within three working days after drawing up a protocol of disagreements, the parties to a collective labor dispute do not begin negotiations, the issue of considering the collective dispute with the participation of a mediator is withdrawn due to failure to reach agreement between the parties. In this case, the parties proceed to negotiations on submitting the dispute to labor arbitration.<\/span><\/p>\n

Article 575. Resolution (settlement) of a collective labor dispute with the participation of a mediator<\/span><\/p>\n

No later than the next working day after the day the conciliation commission draws up a protocol of disagreements, the parties to a collective labor dispute are obliged to negotiate the resolution (settlement) of a collective labor dispute with the participation of a mediator. If the parties to a collective labor dispute fail to reach agreement, a protocol is drawn up on the refusal of the parties or one of the parties from this conciliation procedure, and they begin negotiations on the resolution (settlement) of the collective labor dispute in labor arbitration.<\/span><\/p>\n

If the parties to a collective labor dispute agree to resolve (settle) the collective labor dispute with the participation of a mediator, a corresponding agreement is concluded, after which the parties to the collective labor dispute are obliged to agree on the candidacy of the mediator within no more than two working days. If necessary, the parties to a collective labor dispute may apply for a recommendation for a mediator to the relevant state body for the resolution (settlement) of collective labor disputes. If, within the specified period, the parties to a collective labor dispute have not reached agreement on the candidacy of a mediator, then they begin negotiations on the resolution (settlement) of the collective labor dispute in labor arbitration.<\/span><\/p>\n

The procedure for resolving (settling) a collective labor dispute with the participation of a mediator is determined by agreement of the parties to the collective labor dispute in accordance with the law.<\/span><\/p>\n

The mediator has the right to request from the parties to a collective labor dispute and receive from them the necessary documents and information relating to this dispute.<\/span><\/p>\n

The resolution (settlement) of a collective labor dispute with the participation of a mediator is carried out at the primary level of social partnership within a period of up to five working days, and at other levels of social partnership – within a period of up to ten working days from the date of selection of the mediator and ends with the parties to the collective labor dispute adopting an agreed decision in in writing or by drawing up a protocol of disagreements.<\/span><\/p>\n

Article 576. Resolution (settlement) of a collective labor dispute in labor arbitration<\/span><\/p>\n

Labor arbitration is a body for the resolution (settlement) of a collective labor dispute. Temporary labor arbitration is created by the parties to a collective labor dispute together with the relevant state body for the resolution (settlement) of collective labor disputes to resolve (settle) this collective labor dispute. By decision of the relevant tripartite commission on social and labor issues, a permanent labor arbitration may be created under it to resolve (settle) collective labor disputes submitted to it for resolution (settlement) by agreement of the parties.<\/span><\/p>\n

No later than the next working day after the day of drawing up a protocol of disagreements upon completion of the resolution (settlement) of a collective labor dispute with the participation of a mediator, or after the expiration of the period during which the parties to a collective labor dispute must reach an agreement regarding the candidacy of a mediator, or after drawing up a protocol on the refusal of the parties or one of the parties to a collective labor dispute from resolving (settlement) of a collective labor dispute with the participation of a mediator, the parties to a collective labor dispute are obliged to negotiate the resolution (settlement) of a collective labor dispute in labor arbitration.<\/span><\/p>\n

If the parties to a collective labor dispute agree to resolve (settle) the collective labor dispute in labor arbitration, they conclude an appropriate agreement containing a condition on the parties\u2019 mandatory compliance with the decision of the labor arbitration. After this, the parties to a collective labor dispute are obliged, when resolving (settling) a collective labor dispute at the primary level of social partnership, within up to two working days, and when resolving (settling) a collective labor dispute at other levels of social partnership, within up to four working days, create jointly with the relevant state body for the resolution (settlement) of collective labor disputes, temporary labor arbitration for the resolution (settlement) of this collective labor dispute, or transfer it for resolution (settlement) to a permanent labor arbitration established under the relevant tripartite commission on social and labor issues.<\/span><\/p>\n

The composition and rules of temporary labor arbitration are established by a decision of the employer (representative of employers), representative of employees and the state body for the resolution (settlement) of collective labor disputes. In permanent labor arbitration, the procedure for forming a labor arbitration panel to resolve (settle) a collective labor dispute and its regulations are determined by the regulations on permanent labor arbitration, approved by the relevant tripartite commission on social and labor issues. The Ministry of Employment and Labor Relations of the Republic of Uzbekistan, taking into account the opinion of the Republican Tripartite Commission on Social and Labor Issues, can approve a standard provision on permanent labor arbitration.<\/span><\/p>\n

A collective labor dispute is resolved (settled) in labor arbitration with the participation of representatives of the parties to the dispute when resolving (settling) a collective labor dispute at the primary level of social partnership within up to five working days, and when resolving (settling) a collective labor dispute at other levels of social partnership \u2014 within ten working days from the date of creation of a temporary labor arbitration or transfer of a collective labor dispute for resolution (settlement) to a permanent labor arbitration.<\/span><\/p>\n

Labor arbitration:<\/span><\/p>\n

considers appeals from the parties to a collective labor dispute;<\/span><\/p>\n

receives the necessary documents and information regarding the collective labor dispute;<\/span><\/p>\n

informs, if necessary, government bodies, local government bodies and self-government bodies of citizens about the possible social, economic and other consequences of a collective labor dispute;<\/span><\/p>\n

makes a decision on the merits of a collective labor dispute.<\/span><\/p>\n

Labor arbitration may exercise other powers in accordance with the law.<\/span><\/p>\n

The decision of the labor arbitration to resolve (settle) a collective labor dispute is transmitted to the parties to this dispute in writing no later than the next working day after the decision is made.<\/span><\/p>\n

Article 577. State bodies for the settlement of collective labor disputes<\/span><\/p>\n

State bodies for the settlement of collective labor disputes are the Ministry of Employment and Labor Relations of the Republic of Uzbekistan, the Ministry of Employment and Labor Relations of the Republic of Karakalpakstan and the main employment departments of the regions and the city of Tashkent.<\/span><\/p>\n

The employer, no later than the next working day from the moment the collective labor dispute begins, notifies the state body for the settlement of collective labor disputes in writing or electronically about the occurrence of a dispute in the organization.<\/span><\/p>\n

Ministry of Employment and Labor Relations of the Republic of Uzbekistan:<\/span><\/p>\n

keeps records of collective labor disputes arising at the <\/span>sectoral<\/span> and republican level of social partnership;<\/span><\/p>\n

promotes the settlement of collective labor disputes;<\/span><\/p>\n

maintains a database of records of labor arbitrators;<\/span><\/p>\n

organizes the training of labor arbitrators;<\/span><\/p>\n

approves recommendations on the organization of work to consider a collective labor dispute in labor arbitration.<\/span><\/p>\n

Ministry of Employment and Labor Relations of the Republic of Karakalpakstan and the main employment departments of the regions and the city of Tashkent:<\/span><\/p>\n

keep records of collective labor disputes arising at the primary and territorial level of social partnership;<\/span><\/p>\n

contribute to the settlement of collective labor disputes.<\/span><\/p>\n

State bodies for the settlement of collective labor disputes, within their powers:<\/span><\/p>\n

check, if necessary, the powers of representatives of the parties to a collective labor dispute;<\/span><\/p>\n

identify, analyze and summarize the causes of collective labor disputes, prepare proposals for their elimination;<\/span><\/p>\n

provide methodological assistance to the parties to a collective labor dispute at all stages of its consideration and settlement.<\/span><\/p>\n

State bodies for the settlement of collective labor disputes, when organizing work to resolve collective labor disputes, interact with representatives of workers and employers.<\/span><\/p>\n

Article 578. Guarantees for persons participating in the resolution (settlement) of a collective labor dispute<\/span><\/p>\n

Members of the conciliation commission, labor arbitrators, for the duration of their participation in the resolution (settlement) of a collective labor dispute, are released from their main jobs while maintaining the average salary for the duration of the resolution (settlement) of the dispute.<\/span><\/p>\n

Representatives of workers and their associations participating in the resolution (settlement) of a collective labor dispute cannot be subject to disciplinary action or transferred to another job during the resolution (settlement) of a collective labor dispute; the employment contract with them cannot be terminated at the initiative of the employer without prior consent, the body that authorized them to represent.<\/span><\/p>\n

Article 579. Evasion from participation in conciliation procedures<\/span><\/p>\n

If one of the parties to a collective labor dispute evades participation in the creation or work of a conciliation commission, the other party to the collective labor dispute has the right to demand, no later than the next working day (shift), negotiations on the resolution (settlement) of the collective labor dispute with the participation of a mediator.<\/span><\/p>\n

If one of the parties to a collective labor dispute evades negotiations on the resolution (settlement) of a collective labor dispute with the participation of a mediator, the other party to the collective labor dispute has the right to demand, no later than the next working day (shift), negotiations on the resolution (settlement) of a collective labor dispute in labor arbitration .<\/span><\/p>\n

If an employer (employers’ representative) evades the creation of temporary labor arbitration, transfers a collective labor dispute for resolution (settlement) to a permanent labor arbitration, or participates in the resolution (settlement) of a collective labor dispute by labor arbitration, it is considered that the conciliation procedures did not lead to resolution (settlement) of a collective labor dispute.<\/span><\/p>\n

Article 580. Agreements reached by the parties to a labor dispute during the resolution (settlement) of a collective labor dispute, and control over their implementation<\/span><\/p>\n

Agreements reached by the parties to a collective labor dispute during the resolution (settlement) of this dispute are drawn up in writing and are binding on the parties to the collective labor dispute. Control over their implementation is carried out by the parties to a collective labor dispute, as well as by state bodies for the settlement of labor disputes.<\/span><\/p>\n

Article 581. Consideration of collective labor disputes of a claim nature in court<\/span><\/p>\n

Collective labor disputes regarding the application of legislation, collective agreements and collective agreements, local acts adopted by the employer in agreement with the trade union committee are subject to consideration by the court.<\/span><\/p>\n

When considering collective labor disputes in courts, specified in part one of this article, and executing court decisions, the relevant rules and deadlines established by this Code for individual labor disputes are applied.<\/span><\/p>\n

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