LABOR CODE OF THE REPUBLIC OF UZBEKISTAN DD 30.04.2023 A COMMON PART SECTION I. GENERAL PROVISIONS

LABOR CODE OF THE REPUBLIC OF UZBEKISTAN

30.04.2023

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A COMMON PART

SECTION I. GENERAL PROVISIONS

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CHAPTER 1. BASIC PROVISIONS

Article 1. Relations regulated by this Code

This Code regulates individual labor relations and social relations directly related to them based on ensuring balance and coordination of the interests of workers, employers and the state.

Article 2. Main objectives of this Code

The main objectives of this Code are:

establishment of state guarantees of labor rights and freedoms of workers, including the right to work, free choice of work, fair and safe working conditions and protection from unemployment;

ensuring the implementation of the rights of employers in the field of selection, placement of personnel and organization of an effective labor process;

encouragement and development of social partnership in the world of work;

ensuring the protection of the rights and legitimate interests of employees and employers;

promoting the efficient functioning of the labor market.

Article 3. Basic principles of legal regulation of individual labor relations and social relations directly related to them

The basic principles of legal regulation of individual labor relations and social relations directly related to them are:

equality of labor rights, prohibition of discrimination in the sphere of labor and occupation;

freedom of labor and prohibition of forced labor;

social partnership in the sphere of labor;

guarantee of ensuring labor rights and fulfillment of labor duties;

inadmissibility of deterioration of the legal status of the employee.

Article 4. The principle of equal labor rights, prohibition of discrimination in the sphere of labor and occupation

Everyone has equal opportunities to realize and protect labor rights.

Discrimination in employment and occupation is prohibited. Discrimination is the establishment of any direct or indirect restrictions, as well as the provision of any direct or indirect advantages in the field of work and occupation, depending on gender, age, race, nationality, language, social origin, property and official status, place of residence , attitude to religion, beliefs, membership in public associations, as well as other circumstances not related to the business qualities of employees and the results of their work.

Reasonable differences, exceptions, preferences, as well as restrictions on the rights of workers in the field of work and occupations, due to the requirements inherent in this type of work or special care for persons in need of increased social protection (persons engaged in family responsibilities, minors, persons with disabilities pregnant women and others) are not considered discrimination.

Justified differences in the legal regulation of the labor of certain categories of workers may be determined by the nature of the employee’s labor relationship with the employer, the place of work, the conditions and nature of the employee’s work, the legal status of the employer, the specifics of the work of workers in certain industries and professions, the psychophysiological characteristics of the body, the presence of family responsibilities and other objective circumstances.

A person who believes that he has been subjected to discrimination in the field of work and (or) occupation may appeal the fact of discrimination in accordance with the established procedure, including applying to the court to eliminate discrimination and compensate for material damage caused to him and compensation for moral damage.

Article 5. The principle of freedom of labor and the prohibition of forced labor

Freedom of labor means the right of everyone to dispose of their abilities to work, to realize them in any form not prohibited by law, freely to choose their occupation, profession and specialty, place of work and working conditions.

In relation to individual labor relations, freedom of labor is manifested in the freedom of the employment contract, meaning:

freedom of workers and employers to conclude an employment contract. Forcing an employee and employer to conclude an employment contract is not permitted. In cases where the employer’s obligation to conclude an agreement is provided for by this Code, the law or a voluntarily accepted obligation, the employer is obliged to conclude an employment contract with the employee;

determination of contractual (basic and additional) terms of the employment contract by agreement of its parties;

the possibility of changing the employment contract by agreement between the employee and the employer;

the possibility of terminating any employment contract at any time by agreement of its parties;

the employee’s right to terminate the employment contract on his own initiative in the manner established by this Code;

the right of the employer, on its own initiative, to terminate an employment contract with an employee if there are grounds for termination of the employment contract provided for in this Code and in compliance with the established procedure;

the possibility, in cases established by this Code or other law, to provide in the employment contract additional grounds for its termination.

Forced labor is prohibited.

Forced labor means any work or service required of any individual under threat of punishment for which that person has not offered his services voluntarily. Punishment means the application or threat of application to an individual of any measures of material, physical or mental pressure, forcing this person to carry out labor activities in the absence of his voluntary consent.

Forced labor does not include:

performing work of a military nature or work related to alternative service on the basis of the Law of the Republic of Uzbekistan “On General Military Duty and Military Service”;

work, the performance of which is due to the introduction of a state of emergency or martial law;

work performed as punishment under a court decision that has entered into legal force under the supervision of government bodies responsible for compliance with the law in the execution of court decisions.

Article 6. The principle of social partnership in the sphere of labor

The principle of social partnership in the sphere of labor consists in the interaction of workers, their representatives, employers, their representatives, as well as government bodies, aimed at ensuring coordination of the interests of workers, employers and the state on issues of regulation of social and labor relations.

Based on the principle of social partnership in the sphere of labor, labor legislation:

creates the necessary conditions for the implementation of bilateral (between workers, their representatives and employers, their representatives) and trilateral (between representatives of workers, employers and executive authorities) cooperation in the field of labor in order to harmonize the interests of workers and employers on the regulation of individual labor relations and other social relations directly related to them;

guarantees the right of workers and employers to organize to ensure representation and protection of their interests;

establishes the right of representatives of workers and employers to conduct collective negotiations, conclude collective agreements and a collective agreement;

determines which local acts can be adopted by the employer in agreement with the elected body of the primary trade union organization (trade union committee, trade union organizer or organizer of a trade union group) or other representative body of employees (hereinafter referred to as the trade union committee);

provides for the participation of representatives of workers and employers in the resolution (settlement) of labor disputes;

establishes other measures aimed at ensuring a balance of interests of workers and employers in the world of work.

Article 7. The principle of guaranteeing labor rights and fulfillment of labor duties

Labor legislation establishes a set of means and methods ensuring:

implementation of the rights of employees and employers in the field of labor established by labor legislation and other legal acts on labor, as well as an employment contract;

fulfillment by employers and employees of the duties established by labor legislation and other legal acts on labor, as well as the employment contract;

protection of labor rights of workers and employers and restoration of violated rights;

the employer’s responsibility for violation of the labor rights of employees, labor legislation, as well as the employee’s responsibility for violation of his labor duties.

Article 8. The principle of inadmissibility of deterioration of the employee’s situation

Any regulatory legal act should not worsen the position of the employee in comparison with a regulatory legal act that has greater legal force.

Not a single local act, individual legal act of the employer can worsen the position of the employee in comparison with regulatory legal acts.

Article 9. Calculation of the terms provided for by this Code

The deadlines established by this Code, collective agreements, a collective agreement or an employment contract are determined by a calendar date, the expiration of a period of time calculated in years, months, weeks, days or hours, or an indication of an event that is about to occur.

The calculation of the periods with which this Code relates the emergence or termination of labor rights and obligations begins from the next day after the calendar date on which its beginning is determined.

Terms calculated in years, months, weeks expire on the corresponding dates of the last year, month, week of the term.

If the end of a period calculated in months falls on a month with more or fewer days compared to the month from which the period began, then the day of expiration of the period is considered to be the last day of the month in which the period expires.

The period calculated in calendar years, months, weeks or days also includes non-working days.

If the last day of the period falls on a non-working day, then the first working day following it is considered the end of the period.

CHAPTER 2. LABOR LEGISLATION AND OTHER LEGAL ACTS ON LABOR

Article 10. Labor legislation

Labor legislation consists of this Code and other acts of legislation regulating individual labor relations and public relations directly related to them.

If an international treaty of the Republic of Uzbekistan establishes rules that are more preferential for workers compared to the labor legislation of the Republic of Uzbekistan or other legal acts on labor, then the rules of the international treaty apply.

The rules of international treaties of the Republic of Uzbekistan also apply in cases where individual labor relations and social relations directly related to them directly are not regulated by the labor legislation of the Republic of Uzbekistan.

Article 11. Scope of labor legislation

Labor legislation applies to:

individual labor relations between employee and employer;

social relations directly related to individual labor relations.

Individual labor relations are relationships based on an agreement between the employee and the employer on the personal performance by the employee for payment of a labor function with the employee’s subordination to the internal labor regulations while the employer provides working conditions provided for by labor legislation and other legal acts on labor, an employment contract.

It is prohibited to conclude civil contracts that actually regulate individual labor relations between an employee and an employer.

Social relations directly related to individual labor relations include:

employment relationship between the employee and the employer;

relations regarding professional training, retraining and advanced training of an employee with the employer;

collective labor relations that develop in the process of social partnership in the sphere of labor;

relations for control and supervision of compliance with labor legislation, labor protection rules and other legal acts on labor;

relations for the consideration of labor disputes.

The rules established by labor legislation on the territory of the Republic of Uzbekistan apply to labor relations with the participation of foreign citizens, stateless persons, organizations created or established by foreign citizens, stateless persons or with their participation, international organizations and foreign legal entities, unless otherwise provided laws or international treaty of the Republic of Uzbekistan.

Labor legislation applies to civil servants, including employees of the Republic of Uzbekistan sent to work in government institutions of the Republic of Uzbekistan abroad (diplomatic, consular and other institutions), as well as to persons performing alternative service with special features provided for by law.

Labor legislation applies to military personnel performing military service under a contract, as well as military personnel (employees) serving in internal affairs bodies and the state customs service, the State Security Service, the National Guard of the Republic of Uzbekistan and other persons equivalent to them in part, not contrary to special legislation.

Labor legislation applies to judges in relation to relations not regulated by the legislation on courts.

Labor legislation applies to employees of the prosecutor’s office to the extent that it does not contradict the legislation regulating the activities of the prosecutor’s office.

The effect of labor legislation extends to the labor relations of rescuers of rescue services and professional rescue teams from among those working under an employment contract to the extent not regulated by the Law of the Republic of Uzbekistan “On the Rescue Service and the Status of Rescuers”.

The effect of labor legislation extends to the labor relations of those convicted by a court verdict for committing crimes, taking into account the exceptions and restrictions provided for by the Criminal Executive Code of the Republic of Uzbekistan.

Labor legislation does not apply to the following persons (unless, in accordance with the procedure established by this Code, they simultaneously act as employers or their representatives):

military personnel undergoing compulsory military service;

members of supervisory boards of organizations;

members of audit commissions (auditors) who are not employees of this organization;

persons performing work (providing services) on the basis of civil contracts;

other persons, if established by law.

If relations related to the use of personal labor arose on the basis of a civil law contract, but subsequently, in the manner established by this Code or other laws, were recognized as individual labor relations, the provisions of labor legislation and other legal acts on labor apply to such relations.

Article 12. Other legal acts on labor

Other legal acts on labor are:

collective agreements;

collective agreements;

local acts adopted by the employer in agreement with the trade union committee;

local acts, including individual legal acts adopted by the employer individually within the limits of his authority.

Article 13. Relationship between labor legislation and other legal acts on labor

Other legal acts on labor may provide for additional rights and guarantees for employees compared to those established by labor legislation.

It is not allowed to include in other legal acts on labor rules that worsen the position of the employee in comparison with labor legislation.

Article 14. Relationship between collective agreements and with local acts

It is prohibited to include provisions in sectorial and territorial collective agreements that worsen the position of workers in comparison with the general collective agreement.

In cases where there is a discrepancy between the provisions of sectorial and territorial collective agreements, then the provisions of the collective agreement that contains more favorable conditions for the employee are applied.

Local acts may provide for additional labor rights and guarantees for employees compared to established collective agreements, which apply to these employees.

It is prohibited to include in local acts rules that worsen the position of the employee in comparison with collective agreements.

Article 15. Relationship between local acts

Local acts adopted by the employer in agreement with the trade union committee, as well as adopted by the employer individually, should not contain rules that worsen the employee’s position in comparison with the collective agreement.

Local acts adopted by the employer alone should not contain rules that worsen the situation of the employee in comparison with local acts adopted by the employer in agreement with the trade union committee.

If labor legislation, collective agreements or agreement of collective or other legal acts on labor adopted by the employer in agreement with the trade union committee provide that a particular issue must be resolved by the employer in agreement with the trade union committee, then compliance with this requirement is mandatory for the employer.

The trade union committee must inform the employer in writing about the decision made on the issues identified in part three of this article within twenty days from the date of receipt of the employer’s written request, except in cases where this Code provides for a different period. If, after the specified period, the employer’s appeal remains unanswered, the employer has the right to resolve the relevant issue without obtaining the consent of the trade union committee.

In cases where the organization has not created a trade union committee, the employer is obliged to inform the workforce in writing about its intention to resolve issues that, in accordance with the law, must be agreed upon with the trade union committee. If within two weeks from the date of receipt of information a general meeting (conference) of the labor collective is not held, at which a decision was made to create a primary trade union organization or other representative body of workers, then the employer has the right to resolve the relevant issues independently.

Article 16. The relationship between labor legislation, other legal acts on labor and the employment contract

An employment contract with an employee may provide for additional rights and guarantees of the employee compared to those provided for by labor legislation and other legal acts on labor.

It is prohibited to include in an employment contract conditions that worsen the employee’s position in comparison with labor legislation and other legal acts on labor.

Article 17. Invalidity of the rules of other legal acts on labor and the terms of the employment contract

Failure to comply with the requirements provided for in part two of Article 13, parts one , two and four of Article 14, parts one and two of Article 15 of this Code entails the invalidity of those provisions of other legal acts on labor that worsen the position of the employee.

Failure to comply with the requirements provided for in part two of Article 16 of this Code entails the invalidity of the terms of the employment contract, which worsen the position of the employee.

The rules of other legal acts on labor, as well as the terms of an employment contract that are invalid, are not subject to application. Such terms and conditions are void upon acceptance.

The invalidity of individual rules of other legal acts on labor or individual terms of an employment contract does not entail the invalidity of the corresponding act or the employment contract as a whole.

Article 18. Individual legal acts of the employer

Employers, in accordance with the procedure established by law, may, within the limits of their powers, adopt individual legal acts: orders, instructions, resolutions (hereinafter referred to as orders) addressed to a specific employee (workers) or team and designed for one-time use (orders on hiring, on changing conditions labor, transfer to another job, termination of an employment contract, granting an employee leave, applying a disciplinary sanction to an employee, rewarding employees, etc.).

Individual legal acts adopted by the head alone are issued in the form of orders or instructions. Individual legal acts adopted by the collegial executive body are adopted in the form of resolutions.

If the employer’s individual legal acts contain provisions that are less favorable than the conditions established for employees by labor legislation and other legal acts on labor, then these acts or their relevant parts are invalid.

CHAPTER 3. SUBJECTS AND GROUNDS FOR THE EMERGENCE OF INDIVIDUAL LABOR RELATIONS

§ 1. Subjects of individual labor relations

Article 19. Employee and employer as subjects of individual labor relations

The subjects of individual labor relations are the employee and the employer.

Employees can be citizens of the Republic of Uzbekistan, as well as foreign citizens and stateless persons who have legal capacity and legal capacity to work, have reached the age established by this Code and have entered into an employment contract with the employer.

Employers can be:

organizations, regardless of the form of ownership and departmental subordination;

branches, representative offices or other separate divisions of organizations (hereinafter referred to as separate divisions of organizations);

Physical persons.

Physical persons can be employers:

if they are registered as individual entrepreneurs carrying out business activities without forming a legal entity;

if they employ domestic workers for the purposes of personal services and assistance with housekeeping;

if their professional activities are subject to registration and (or) licensing, and they have entered into labor relations with employees in order to carry out the specified activities in cases provided for by law.

Article 20. Labor capacity and legal capacity of the employee

The ability to have labor rights and obligations (labor capacity) and the ability of a citizen (individual) through his actions to acquire and exercise labor rights, create labor responsibilities for himself and fulfill them (labor capacity) is equally recognized for all citizens of the Republic of Uzbekistan.

Foreign citizens and stateless persons have the same working capacity and legal capacity as citizens of the Republic of Uzbekistan, unless otherwise provided by legislation or an international treaty of the Republic of Uzbekistan.

The employee’s legal capacity to work and legal capacity arise simultaneously from the moment he reaches the age of sixteen, with the exception of cases provided for by this Code and other laws.

Article 21. Employee rights

The employee has the right to:

conclusion, amendment and termination of an employment contract in the manner and under the conditions established by this Code and other laws;

provision by the employer of work stipulated by the employment contract;

a workplace that meets labor protection requirements;

timely and full payment of labor in accordance with their qualifications, complexity of work, quantity and quality of work performed;

rest provided by the establishment of maximum working hours, reduced working hours for certain professions and categories of workers, the provision of weekly days off, non-working holidays, as well as annual leave;

working conditions that meet safety and hygiene requirements, as well as obtaining complete and reliable information about working conditions and labor protection requirements in the workplace;

professional training, retraining and advanced training in accordance with labor legislation, other legal acts on labor, and an employment contract;

association in trade unions and other organizations to represent and protect their labor rights, freedoms and legitimate interests;

obtaining information about collective agreements and collective agreements, as well as about the fulfillment of their conditions, including through their representatives;

compensation for material damage caused to the employee in connection with the performance of his job duties, and compensation for moral damage in the manner established by labor legislation;

protection of your labor rights, freedoms and legitimate interests by all means not prohibited by law;

resolution of labor disputes in the manner established by this Code and other laws.

An employee may have other rights in accordance with labor legislation, other legal acts on labor and an employment contract.

Article 22. Responsibilities of the employee

The employee is obliged:

comply with labor legislation and other legal acts on labor, the terms of employment contracts;

conscientiously fulfill his labor duties assigned to him by the employment contract;

comply with internal labor regulations;

observe labor discipline;

comply with established labor standards;

comply with labor protection requirements, technological discipline, labor safety and industrial sanitation rules;

treat the employer’s property with care (including the property of third parties owned by the employer, if the employer is responsible for the safety of this property);

compensate the employer for material damage caused in the manner and within the limits established by this Code;

immediately inform the employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the employer’s property (including the property of third parties located at the employer, if the employer is responsible for the safety of this property);

not to take actions that prevent other employees from performing their job duties.

An employee may also bear other responsibilities in accordance with labor legislation, other legal acts on labor and an employment contract.

Article 23. Labor capacity and legal capacity of the employer

The labor capacity of employing organizations arises from the moment of their state registration in the prescribed manner.

The labor capacity of separate divisions of organizations arises from the moment of approval of the provisions governing their activities.

The labor capacity and legal capacity of an employer – an individual entrepreneur begins from the moment of his registration as an individual entrepreneur.

The legal capacity and legal capacity of an employer – an individual who uses hired labor to perform work in the household and for other personal purposes not related to entrepreneurial activity – begins from the moment he acquires full civil capacity, and a person under the specified age, from the day he acquires full civil capacity until he turns eighteen years old in cases established by the Civil Code of the Republic of Uzbekistan.

The rights and obligations of the employer in labor relations in accordance with the law, other legal acts on labor, the constituent documents of the organization and local acts are carried out:

owner of the organization;

management bodies of the organization or other persons authorized by them;

physical persons who is an employer.

For the obligations of an employer – a legal entity arising from labor relations, subsidiary liability is borne by the owner of the property, founder (participant) of the legal entity in cases where the laws establish subsidiary liability of the owner of the property, founder (participant) for the obligations of the legal entity.

Article 24. Rights of the employer

The employer has the right:

conclude, amend and terminate employment contracts with employees in the manner and on the terms provided for by this Code and other laws;

initiate collective negotiations and conclude collective agreements;

encourage employees for conscientious, effective work;

require employees to perform their job duties and take care of the employer’s property (including the property of third parties owned by the employer, if the employer is responsible for the safety of this property), and to comply with internal labor regulations;

bring employees to disciplinary liability in the manner established by this Code;

hold employees financially liable for direct actual damage, both directly caused by them to the employer, and incurred by the employer as a result of compensation for damage to other persons;

adopt local acts (with the exception of employers – individuals who are not individual entrepreneurs);

create associations of employers for the purpose of representing and protecting their interests and join them.

The employer may have other rights in accordance with labor legislation, other legal acts on labor and the employment contract.

Article 25. Obligations of the employer

The employer is obliged:

comply with labor legislation and other legal acts on labor, the terms of employment contracts;

provide employees with work stipulated by the employment contract;

not to violate the requirements of this Code on the prohibition of discrimination in the field of labor and occupation when hiring employees, during the labor process and when terminating an employment contract with an employee;

prevent the use of forced and worst forms of child labor;

ensure safety and working conditions that comply with regulatory labor protection requirements;

provide employees with equipment, tools, technical documentation and other means necessary for them to perform their job duties;

pay in full the wages due to employees within the time limits established in accordance with this Code, the collective agreement, internal labor regulations, other local acts, and employment contracts;

conduct collective negotiations, as well as conclude a collective agreement in the manner established by this Code;

provide employee representatives with complete and reliable information necessary for concluding a collective agreement and collective agreement, and monitoring their implementation;

inform employees of their right to organize;

familiarize employees, upon signature, with the adopted local acts directly related to their work activities;

promptly comply with the instructions of state labor inspectors, as well as officials of other state bodies authorized to exercise control and supervision over compliance with labor legislation and other legal acts on labor;

hire employees with whom the employer had previously terminated their employment contract, in cases where they retained their place of work due to their election to elective positions in government bodies;

timely consider orders and submissions from the relevant trade union bodies, other representatives elected by employees about identified violations of labor legislation and other legal acts on labor, take measures to eliminate the identified violations and report on the measures taken to the specified bodies and representatives;

provide for the everyday needs of employees related to the performance of their job duties;

provide compulsory state social insurance of workers against industrial accidents and occupational diseases, as well as compulsory insurance of the employer’s civil liability;

compensate for material damage caused to employees in connection with the performance of their labor duties, in the manner and under the conditions established by labor legislation;

timely register employment contracts, as well as changes and additions to them in the interdepartmental hardware and software complex “Unified National Labor System” in the manner established by the Cabinet of Ministers of the Republic of Uzbekistan.

The employer may also bear other responsibilities in accordance with labor legislation, other legal acts on labor and the employment contract.

§ 2. Grounds for the emergence of individual labor relations

Article 26. Emergence of individual labor relations

Individual labor relations between an employee and an employer arise based on an employment contract concluded by them in accordance with this Code.

In cases and procedures established by legislation or other legal acts on labor or the charter (regulations) of an organization, individual labor relations arise based on an employment contract as a result of:

election to a position or passing through a competition to fill the corresponding position;

appointment to a position or confirmation in a position;

referrals to work by authorized government bodies;

issuing confirmation of the right to work in the territory of the Republic of Uzbekistan;

consent of both parents or one of the parents (person acting in loco parentis);

making a court decision imposing the obligation on the employer to conclude an employment contract;

recognition by the court of relations related to the use of personal labor and arising on the basis of a civil law agreement as individual labor relations.

Individual labor relations between an employee and an employer also arise based on the employee’s actual admission to work with the knowledge or on behalf of the employer or his authorized representative in the case where the employment contract properly was not drawn up.

Article 27. Individual labor relations arising based on an employment contract as a result of election to a position or passing through a competition to fill the corresponding position

Individual labor relations based on an employment contract as a result of election to a position arise if election to a position requires the employee to perform a certain labor function.

Individual labor relations on the basis of an employment contract as a result of passing through a competition to fill the corresponding position arise if labor legislation or other legal acts on labor or the charter (regulations) of the organization determine the list of positions to be filled through a competition and the procedure for holding a competition for these positions.

Article 28. Individual labor relations arising based on an employment contract as a result of appointment to a position or confirmation in a position

Individual labor relations arise based on an employment contract as a result of appointment to a position or confirmation in a position in cases provided for by legislation and other legal acts on labor or the charter (regulations) of the organization.

Article 29. Individual labor relations arising based on an employment contract in connection with assignment to work by authorized state bodies

Individual labor relations of persons from among socially vulnerable categories of the population arise on the basis of an employment contract as a result of their employment in the direction of the local labor authority in the manner established by the Law of the Republic of Uzbekistan “On Employment”.

Individual labor relations with graduates of higher educational organizations who studied under state grants arise on the basis of an employment contract as a result of their assignment to work, issued by the assignment commission of a higher educational organization.

Individual labor relations of citizens called up for alternative service arise on the basis of an employment contract as a result of their assignment to organizations in accordance with an order to assign a place of alternative service issued by the district department of defense affairs.

Article 30. Individual labor relations arising based on an employment contract in the presence of confirmation of the right to work in the territory of the Republic of Uzbekistan

Individual labor relations with citizens of foreign states and stateless persons permanently residing in the territory of other states who legally entered the Republic of Uzbekistan to carry out work activities arise on the basis of an employment contract concluded after receiving confirmation of the right to work in the territory of the Republic of Uzbekistan, issued by an authorized government agency, as well as fulfillment of other requirements provided for by law.

Article 31. Individual labor relations arising on the basis of an employment contract with the written consent of one of the parents (person acting in loco parentis)

Individual labor relations with persons aged fifteen to sixteen years, in cases where, in accordance with this Code, employment is permitted before reaching the specified age, arise on the basis of an employment contract with the prior written consent of one of the parents (person acting in loco parentis).

Article 32. Individual labor relations arising based on an employment contract as a result of a court decision imposing the obligation on the employer to conclude an employment contract

Individual labor relations with persons who were illegally refused employment by the employer arise based on an employment contract concluded as a result of a court decision imposing the obligation on the employer to conclude an employment contract.

Article 33. Recognition of relations related to the use of personal labor and arising based on a civil law contract as individual labor relations

The conclusion of a civil law agreement with an individual, which actually regulates the relations provided for in part two of Article 11 of this Code, entails recognition by the court of these relations as individual labor relations. In this case, the employment contract is considered concluded from the date of conclusion of the civil law contract, and the relations of the parties are recognized as individual labor relations from the day the individual begins to perform the work stipulated in the contract.

In case of termination of relations related to the use of personal labor and arising on the basis of a civil contract, recognition of these relations as individual labor relations is carried out by the court. An individual who was a performer under the specified agreement has the right to apply to the court for recognition of these relations as individual labor relations in the manner and within the time limits provided for the consideration of individual labor disputes.

SECTION II. SOCIAL PARTNERSHIP IN THE FIELD OF LABOR

CHAPTER 4. GENERAL PROVISIONS

Article 34. Concept and basic principles of social partnership in the world of work

Social partnership in the sphere of labor is a system of relationships between workers represented by their representatives, employers, their representatives, government bodies, aimed at ensuring coordination of the interests of workers, employers and the state on the regulation of individual labor and other social relations directly related to them.

The main principles of social partnership in the world of work are:

compliance by the parties and their representatives with labor legislation and other legal acts on labor;

authority of representatives of the parties;

equality of the parties;

taking into account the interests of the parties;

interest of the parties in participating in contractual relations;

freedom of choice and discussion of issues within the sphere of work and occupation;

voluntariness of the parties’ assumption of obligations;

the reality of the obligations assumed by the parties and the obligation to fulfill them;

state assistance in strengthening and developing social partnership;

control over the implementation of adopted collective agreements, the collective agreement, as well as the provisions contained in other acts of social partnership;

responsibility of the parties and their representatives for failure to comply with collective agreements and the collective agreement through their fault.

Article 35. Levels of social partnership in the sphere of labor

Social partnership in the sphere of labor is carried out on:

primary level (in an organization or with an employer – an individual);

territorial level;

industry level;

republican level.

Article 36. Labor collective

The labor collective consists of all employees working for the employer based on an employment contract.

The labor collective exercises its powers in the field of social partnership through holding a general meeting (conference).

A general meeting of the labor collective is considered valid if more than half of the employees working for the employer based on an employment contract are present.

A conference of the labor collective is considered valid if at least two-thirds of the delegates from the organization’s divisions are present.

The decision of the general meeting (conference) of the labor collective is considered adopted if more than fifty percent of the workers (delegates) present at the general meeting (conference) vote for it.

General meeting (conference) of the labor collective:

determines the representative body of workers authorized to represent the interests of the labor collective;

decides to approve or not approve the collective agreement;

exercises control over the implementation of collective agreements, as well as the collective agreement, which applies to the relevant employees and the employer;

assesses the effectiveness of the parties’ implementation of the collective agreement, collective agreement;

exercises other powers in accordance with legislation and other legal acts on labor.

Article 37. The right of workers to associate

Workers, in order to represent and protect their rights and interests, without any distinction, have the right voluntarily to create trade unions of their choice and without prior permission, as well as the right to join trade unions or other employee associations.

If there are no trade unions at the appropriate levels of social partnership, workers have the right to create other associations to ensure representation and protect their interests.

Belonging or not belonging to trade unions or other associations of workers does not entail any restriction of labor and other socio-economic, political, personal rights and freedoms of citizens guaranteed by the Constitution and other acts of legislation of the Republic of Uzbekistan.

All members of trade unions or other associations of workers are equal in relation to their rights and obligations established by this Code, other legal acts on labor, charters of trade unions or other associations of workers or local acts.

It is prohibited to condition hiring, possible benefits and preferences for an employee, including allowances, bonuses, job promotion, as well as termination of an employment contract, on membership or non-membership in a particular trade union or other association of workers, joining or leaving it.

A person who believes that he has been discriminated against based on membership or non-membership in trade unions or other employee associations may appeal the fact of discrimination in accordance with the established procedure. The demands of a person who has been discriminated against for the elimination of discrimination, for the restoration of violated rights and compensation for material damage caused to him and compensation for moral damage are resolved in court.

It is not allowed to interfere with the exercise of the right of workers to associate, as well as to force them to join trade unions or other associations of workers.

Written or oral obligations of an employee not to join a trade union or other association of employees are invalid.

Article 38. The right of employers to associate

Employers, in order to represent and protect their rights and interests, implement social partnership without prior permission, have the right to create their own associations on a voluntary basis, as well as join associations of employers in the manner established by their charters.

An association of employers is a non-governmental non-profit organization based on the voluntary membership of employers – legal and (or) individuals and (or) associations of employers.

It is not allowed to interfere with the exercise of employers’ right to associate, as well as to force them to join certain associations of employers.

Article 39. Parties to social partnership

Social partnership at the primary level is bilateral in nature. The parties to social partnership at the primary level are the workforce and the employer.

Social partnership at the sectorial and territorial levels is bilateral or trilateral in nature. The parties to the bilateral social partnership at the sectorial and territorial levels are the relevant associations of workers and employers. Local executive authorities and other interested government bodies participate in tripartite social partnership at the territorial level at the proposal of territorial associations of workers and employers. At the proposal of industry associations of workers and employers, government authorities of the relevant industry participate in tripartite social partnership at the industry level. The Ministry of Employment and Labor Relations of the Republic of Uzbekistan participates in tripartite social partnerships at the industry level in cases where government bodies in the relevant industry act as employers.

Social partnership at the republican level is tripartite in nature. The parties to social partnership at the republican level are republican associations of workers and employers and the Cabinet of Ministers of the Republic of Uzbekistan, interested ministries and departments.

Local executive authorities are a party to the social partnership representing the employer in cases where they act as employers.

Article 40. Legal acts of social partnership in the sphere of labor containing labor law norms

Legal acts of social partnership in the sphere of labor are:

collective agreements;

collective agreement;

other local acts of the organization adopted by the employer in agreement with the trade union committee.

Article 41. Forms of implementation of social partnership in the sphere of labor

The forms of implementation of social partnership in the world of work are:

collective negotiations for the preparation of draft collective agreements, collective agreements;

conclusion of collective agreements and collective agreements;

adoption of local acts by the employer in agreement with the trade union committee;

exercise by the parties of the social partnership of control over the implementation of the provisions of collective agreements, collective agreements and other acts of social partnership;

participation of workers represented by their representatives in considering issues of socio-economic development of organizations, territories, industries, republics in accordance with the level of social partnership;

application by the employer, in cases provided for by labor legislation and acts of social partnership, of certain provisions of labor legislation with the prior consent of the trade union committee;

holding mutual consultations (negotiations) by the parties to the social partnership on issues of regulating individual labor relations and social relations directly related to them, ensuring guarantees of the labor rights of workers and improving labor legislation and other legal acts on labor;

participation of representatives of workers and employers in the resolution (settlement) of labor disputes.

Social partnership can be carried out in other forms not prohibited by law.

CHAPTER 5. REPRESENTATION OF WORKERS AND EMPLOYERS IN SOCIAL PARTNERSHIP

Article 42. Representation of employees

Representation and protection of the rights and interests of employees at the primary level in an organization or with physical person employer is carried out by a trade union committee. The interests of employees and employers cannot be represented and protected by the same representative body.

Representation and protection of the rights and interests of employees are carried out by:

at the territorial and sectorial levels – the relevant trade unions, their associations and divisions (hereinafter referred to as territorial and sectorial associations of trade unions);

at the republican level – republican associations of trade unions.

Article 43. Rights of employee representatives

Employee representatives have the right:

conduct collective negotiations, conclude collective agreements, collective agreements and monitor their implementation;

participate in solving issues of social and economic development at various levels of social partnership;

participate in the development of local regulations of the organization, and in cases provided for by labor legislation and other legal acts on labor, express your consent or disagreement to the adoption by the employer of the relevant local act;

exercise public control over compliance with labor legislation and local acts adopted in agreement with employee representatives;

make proposals to employers and their representatives on the preparation of legal acts on labor;

make proposals to authorized government bodies to suspend the mass release of workers;

receive the necessary information on labor issues, the activities of the organization, and other socio-economic issues;

freely visit workplaces, receive from employers and their representatives the necessary information to carry out public control;

protect the interests of workers in bodies for resolving (settling) labor disputes;

appeal to the court the decisions of the employer and the persons authorized by him if they contradict the legislation or other legal acts on labor or otherwise violate the rights of employees;

take other actions aimed at protecting the rights and interests of workers in social and labor relations, if they do not contradict the law.

The exercise of rights by employee representatives should not reduce the efficiency of employers or violate the established order and mode of their work.

Article 44. Labor guarantees for persons elected to the representative bodies of workers

Persons elected to the representative bodies of workers are guaranteed protection from any form of harassment by employers and their representatives in connection with their activities to represent and protect the rights and interests of workers.

Imposition of disciplinary measures, termination of an employment contract at the initiative of the employer with employees elected to the representative bodies of employees and not released from production work, as well as termination of labor relations at the initiative of the employer with employees elected to the representative bodies of employees within two years after the end of their elective powers is not permitted without the prior consent of the representative body in which these persons carried out their activities.

Imposition of disciplinary measures, termination of an employment contract at the initiative of the employer with an employee who is the head of the relevant representative body of workers and not released from production work, as well as termination of labor relations at the initiative of the employer with an employee who was the head of the representative body of workers within two years after its termination authority is not permitted without the prior consent of the relevant territorial or sectorial association of workers, of which this representative body is a member.

Employees released from production work as a result of election to elective positions in the representative body of workers are provided with their previous job (position) after the end of their elective powers, and in its absence, another equivalent job (position).

If it is impossible to provide employees elected to trade union bodies with the appropriate job (position), they enjoy benefits provided for by legislative acts or collective agreements, collective agreement.

Article 45. Obligations of employers to create conditions for the activities of employee representatives

Employers are required to:

not violate the rights of employee representatives and promote their activities;

before making decisions affecting the interests of employees, consult with representatives of employees, and in cases provided for by legislation and other legal acts on labor, obtain their consent;

timely consider proposals from employee representatives and motivate them to inform them in writing about decisions made;

freely admit workers’ representatives to the workplaces of workers whose interests they represent;

provide employee representatives with the necessary information free of charge on issues of socio-economic rights and interests of employees;

provide the necessary conditions for employee representatives to perform their functions;

provide persons who are representatives of employees and are not exempt from production work with time to perform duties of representing and protecting the interests of employees during working hours while maintaining the average wage. The specific length of time provided to these persons is determined in collective agreements, collective agreements, and if they are not concluded, by agreement with employers or their representatives. Moreover, the duration of this time cannot be less than thirty percent of the number of hours of the working week;

allocate funds to employee representatives for the purposes and in the amounts established by collective agreements and collective agreements.

Employers also bear other responsibilities in relation to employee representatives provided for by legislation and other legal acts on labor.

Article 46. Representatives of employers

Representation and protection of the rights and interests of the employer at the primary level is carried out by the head of the organization, the employer is an individual or a person authorized by him in accordance with this Code, legislation and other legal acts on labor, and the constituent documents of the employer.

Representation and protection of the rights and interests of employers at the territorial, sectorial and republican levels are carried out by territorial, sectorial and republican associations of employers, respectively.

Article 47. Prohibition of obstructing the activities of representatives of employees and employers

Interfering in any form with the lawful activities of representatives of employees and employers is prohibited.

Termination of the activities of employee representatives at the initiative of employers is not allowed.

Employers, their authorized persons, who interfere with the legal activities of employee representatives or who commit the actions specified in part two of this article are liable in accordance with the law.

The activities of representatives of employees and employers may be terminated in the manner established by their constituent documents, as well as by a court decision.

CHAPTER 6. BODIES OF SOCIAL PARTNERSHIP IN THE SPHERE OF LABOR

Article 48. System of social partnership bodies in the sphere of labor

The system of social partnership bodies in the sphere of labor is formed by commissions on social and labor issues created at the primary, territorial, sectorial and republican levels.

If there are several representatives authorized by employees and (or) employers, the composition of the commissions on social and labor issues is formed on the basis of the principle of proportional representation, depending on the number of employees and employers represented.

Article 49. Commission on social and labor issues at the primary level

At the primary level, a bilateral commission on social and labor issues is formed from an equal number of representatives of employees and the employer.

The number of representatives from each party is determined by agreement between the employer and the trade union committee. The personal composition of representatives from the employer is approved by order of the employer, and from the trade union committee – by the decision of the trade union committee.

Article 50. Territorial commissions on social and labor issues

At the territorial level, bilateral or tripartite commissions on social and labor issues can be formed from an equal number of representatives of workers and employers.

The territorial bilateral commission on social and labor issues includes representatives of territorial associations of workers and employers.

The territorial tripartite commission on social and labor issues is formed on the basis of proposals from territorial associations of workers and employers. The territorial tripartite commission on social and labor issues includes representatives of territorial associations of workers and employers, as well as representatives of local executive authorities.

The number of representatives from each party is determined by agreement of the parties. The personal composition of representatives from employees is determined by the corresponding territorial association of workers, from employers – by the territorial association of employers, and from local executive authorities – by the head of this body.

Article 51. Industry commissions on social and labor issues

At the industry level, bilateral or tripartite commissions on social and labor issues can be formed from an equal number of representatives of workers and employers.

The sectorial bilateral commission on social and labor issues includes representatives of sectorial associations of workers and employers.

The industry tripartite commission on social and labor issues is formed based on proposals from industry associations of workers and employers. The industry tripartite commission on social and labor issues includes representatives of industry associations of workers and employers, as well as representatives of government bodies in the relevant industry. The Ministry of Employment and Labor Relations of the Republic of Uzbekistan participates in the sectorial tripartite commission on social and labor issues in cases where government bodies in the relevant industry act as employers.

The number of representatives from each party is determined by agreement of the parties. The personal composition of representatives from workers is determined by the relevant industry association of workers, from employers – by the industry association of employers, and from government bodies of the relevant industry – by the head of this body.

Article 52. Republican Commission on Social and Labor Issues

At the republican level, a tripartite commission on social and labor issues is formed from an equal number of representatives of workers and employers.

The republican tripartite commission on social and labor issues includes representatives of republican associations of workers and employers, as well as representatives of the Cabinet of Ministers of the Republic of Uzbekistan.

The number of representatives from each party is determined by agreement of the parties. The personal composition of representatives from workers is determined by republican associations of workers, from employers – by republican associations of employers, and from the Cabinet of Ministers of the Republic of Uzbekistan – by order of the Cabinet of Ministers of the Republic of Uzbekistan.

Article 53. Term of office of commissions on social and labor issues

Commissions on social and labor issues are permanent bodies. The term of office of the commissions is established for the period of preparation and validity of the corresponding collective agreement or collective agreement.

When the parties make a decision to prepare a new collective agreement or collective agreement, they re-establish appropriate commissions on social and labor issues in the manner prescribed by Articles 48 – 51 of this Code. At the same time, by decision of the relevant party, those persons who were members of the previous commission may also be included in the composition of the commission, if this party, based on the results of the work of the commission on social and labor issues, was considered satisfactory.

Article 54. Termination of activity or temporary replacement of a member of the commission on social and labor issues

The activities of a member of the commission on social and labor issues may be terminated due to the expiration of the commission’s term of office, as well as early in the following cases:

if there are objective reasons due to which a member of the commission on social and labor issues cannot carry out his activities (death, the presence of a court verdict excluding the possibility of continuing to act as a member of the commission, and others);

recall of a commission member by the party he represents;

self-recusal of a commission member.

In the event of early termination of the activities of a member of the commission on social and labor issues, the party whose interests he represents must approve a new member of the commission no later than ten calendar days.

If a member of the commission on social and labor issues is temporarily unable to perform his duties for good reason (due to temporary disability, being on a business trip, labor or social leave, etc.), then the party he represents, within the period specified in part two of this article, determines the person who will represent this party in the commission during the period of absence of a member of the commission.

Article 55. Powers of commissions on social and labor issues

Commissions on social and labor issues:

conduct, if necessary, consultations with government bodies on issues related to the development, adoption and implementation of collective agreements and the collective agreement and the introduction of amendments and additions to them;

develop draft collective agreements and collective agreements;

request from employers, their associations, trade unions or other employee associations information on the progress of implementation of collective agreements and the collective agreement;

receive from employers, their representatives, representatives of employees, government bodies information and materials necessary for carrying out the activities of the commission, conducting negotiations, preparing drafts of the relevant collective agreement or collective agreement and organizing control over their implementation;

analyze and summarize the proposals received for subsequent inclusion in draft collective agreements and a collective agreement;

invite representatives of interested government bodies, as well as scientists, experts, and specialists to participate in the work of the commission;

exercise control over the implementation of collective agreements, collective agreements and decisions adopted by the relevant commission on social and labor issues;

develop and make proposals for changes and additions to collective agreements and (or) the collective agreement;

create, if necessary, temporary working groups to prepare draft collective agreements, collective agreements and monitor the progress of their implementation;

send members of the commission on social and labor issues, as well as members of working groups formed by the decision of the commission, to organizations to study the state of implementation of labor legislation and other legal acts on labor;

take part in the discussion of draft legislative acts and other legal acts on labor, make proposals for their improvement;

hear at a meeting of the commission the heads of organizations that do not ensure the implementation of collective agreements and the collective agreement;

participate in consultations to promote the application of international labor standards;

assist in resolving disagreements during the conclusion and implementation of collective agreements and collective agreements;

exercise other powers in accordance with the law.

Industry and territorial commissions on social and labor issues provide practical and methodological assistance in concluding collective agreements and collective agreements in organizations.

Article 56. Planning the work of the commission on social and labor issues

The work plan of the commission on social and labor issues for the next year is approved at the last meeting of the commission in the fourth quarter of the current year.

The work plan of the commission on social and labor issues must contain:

an indication of the commission members responsible for preparing the commission’s regulations;

dates of commission meetings;

formulation of issues proposed for discussion by the commission;

an indication of the commission members responsible for preparing issues that are included in the agenda of the commission meeting;

measures to monitor the implementation of collective agreements, the collective agreement, and the implementation of decisions taken by the commission;

measures aimed at technical support of the commission’s work.

The work plan of the commission on social and labor issues may also include other issues aimed at ensuring the effective functioning of the commission and the development of social partnership at the appropriate level.

By agreement of the parties, changes and additions may be made to the work plan of the commission on social and labor issues.

At meetings of the commission on social and labor issues, by agreement of the parties to the social partnership, additional issues not included in the work plan may be considered.

Article 57. Regulations of territorial, sectorial and republican commissions on social and labor issues

The activities of territorial, sectorial and republican commissions on social and labor issues are carried out in accordance with the regulations of the commission on social and labor issues, approved by agreement of the parties to the social partnership at the first meeting of the relevant commission.

Article 58. Meetings of commissions on social and labor issues

Meetings of commissions on social and labor issues are held in accordance with the work plan, but at least twice during the calendar year.

At the initiative of at least one of the parties to the social partnership, an unscheduled meeting of the commission on social and labor issues may be held.

The place, date and time of the meeting of the commission on social and labor issues are determined by agreement of the parties.

Prepared draft decisions of the commission on social and labor issues are sent to the members of the commission no later than ten calendar days before the scheduled date of its meeting.

A meeting of the commission on social and labor issues is valid if at least two thirds of the commission members from each of its parties are present.

Article 59. Decisions of commissions on social and labor issues

Decisions of commissions on social and labor issues are considered adopted if a majority of representatives from each side of the social partnership vote for them.

Decisions of commissions on social and labor issues come into force within the period determined by the relevant regulations.

Decisions of commissions on social and labor issues at the primary level are brought to the attention of employees whose interests are affected by these decisions no later than ten calendar days from the date of their adoption. Decisions of territorial, sectorial and republican commissions on social and labor issues no later than ten calendar days from the date of their adoption are subject to public posting in the media or on the official websites of the relevant commissions.

CHAPTER 7. COLLECTIVE BARGAINING

Article 60. Right to collective bargaining

Any of the parties to the social partnership has the right to initiate collective negotiations.

Within three months before the expiration of the previous collective agreement, collective agreement, or within the time limits specified by these documents, any of the parties to the social partnership has the right to send the other party a written notice of the start of negotiations on concluding a new collective agreement, collective agreement.

Collective negotiations and the conclusion of collective agreements and a collective agreement on behalf of workers by persons representing the interests of employers, as well as organizations or bodies created or financed by employers, local executive authorities, government bodies, and political parties are not allowed.

The parties to the social partnership must provide each other no later than two weeks from the date of receipt of the relevant request with the information they have necessary for conducting collective bargaining.

Participants in collective bargaining and other persons associated with collective bargaining must not disclose information received if this information relates to state secrets or other secrets protected by law.

Article 61. Start date of collective negotiations

A party to a social partnership that has received written notice of the start of collective negotiations is obliged to enter into collective negotiations within seven days by sending a response to the initiator about holding collective negotiations. The day of the beginning of collective negotiations is the day following the day the initiator of collective negotiations received the specified response, unless by agreement of the parties another date for the beginning of collective negotiations is determined.

Article 62. Conducting collective bargaining

Collective negotiations at the primary, territorial, sectorial and republican levels are conducted by the relevant commissions on social and labor issues.

To prepare draft collective agreements, a collective agreement, draft amendments and additions to them, draft decisions on the implementation of collective agreements and a collective agreement, as well as draft other decisions that are the subject of collective negotiations, territorial, sectorial and republican commissions on social and labor issues form working groups. Commissions on social and labor issues at the primary level have the right, if necessary, to form working groups.

Working groups are formed on a parity basis from representatives of the parties to the social partnership. Each party independently determines the personal composition of its representatives in the working group. By agreement of the parties on a contractual basis, the working group may include independent scientists, experts, and specialists with the right to an advisory vote.

Article 63. Resolution of disagreements arising in the process of collective bargaining

If, during the process of collective negotiations, the parties to collective negotiations were unable to reach agreements on individual issues that are the subject of negotiations, then they draw up an agreement on issues that did not cause disagreements, and at the same time draw up a protocol of disagreements on issues on which it was not possible to reach agreements.

If during the process of collective negotiations an agreed decision was not made on all issues that are the subject of negotiations, then the parties to the negotiations also draw up a protocol of disagreements.

The protocol of disagreements shall indicate the proposals agreed upon by the parties on the measures necessary to resolve disagreements and the timing of the resumption of collective negotiations.

Disputes regarding the resolution (settlement) of disagreements that the parties were unable to resolve upon the resumption of collective negotiations are considered in the manner established by this Code for the resolution of collective labor disputes.

Article 64. Guarantees and compensation to persons participating in collective bargaining

Persons participating in collective negotiations, preparation of a draft collective agreement, collective agreement are released from their main work while maintaining the average salary for a period determined by agreement of the parties.

All costs associated with participation in collective bargaining are compensated in the manner established by labor legislation and other legal acts on labor. Payment for the services of scientists, experts and specialists is made by the inviting party, unless otherwise provided by a collective agreement or collective agreement.

Termination of an employment contract at the initiative of the employer with representatives of employees participating in collective negotiations during the period of their conduct, as well as the application of a disciplinary sanction to them or their transfer to another job is not allowed without the prior consent of the body that authorized them to represent them.

CHAPTER 8. COLLECTIVE AGREEMENT

Article 65. Concept and form of a collective agreement

A collective agreement is a legal act on labor that regulates individual labor relations and directly related social relations in an organization or an individual entrepreneur and is concluded by employees represented by their representatives and the employer.

A collective agreement can be concluded in the organization as a whole, in its separate divisions.

To conduct collective negotiations, sign a collective agreement on behalf of the employer in a separate division of the organization, the employer vests the necessary powers with the head of this separate division or another person in accordance with Article 46 of this Code.

The right to represent the interests of employees during collective negotiations and the signing of a collective agreement in a separate division of the organization is vested in representatives of employees of this division.

A collective agreement is concluded in writing.

Article 66. Making a decision on the need to conclude a collective agreement

The decision on the need to conclude a collective agreement and the proposal to begin collective negotiations on its conclusion can come from any of the parties.

To conduct collective negotiations and prepare a draft collective agreement in the manner prescribed by Article 49 of this Code, a commission on social and labor issues is created.

Article 67. Content and structure of the collective agreement

The content and structure of the collective agreement are determined by its parties.

The collective agreement may include mutual obligations of the employer and employees on the following issues:

form, system and amount of remuneration, monetary rewards, benefits, compensation, additional payments;

a mechanism for regulating wages based on changes in prices, inflation levels, and the fulfillment of indicators determined by the collective agreement;

employment, retraining, advanced training, conditions for releasing workers;

duration of working hours and rest time, vacations;

improving the working conditions and safety of workers, including women, persons with disabilities and persons under the age of eighteen, ensuring environmental safety;

taking into account the interests of employees during the privatization of organizations and departmental housing;

benefits for employees combining work and study;

voluntary medical and social insurance;

the amount and timing of additional contributions by the employer to the individual savings pension accounts of employees;

control over the implementation of the collective agreement, responsibility of the parties, ensuring normal conditions for the functioning of the trade union committee.

The collective agreement, taking into account the economic capabilities of the organization, may contain others, including more preferential labor and socio-economic conditions in comparison with the norms and provisions established by labor legislation and other legal acts on labor (additional leave, bonuses to pensions, early retirement, compensation for transport and travel expenses, free or partially paid meals for production workers and their children in general secondary educational organizations and preschool educational organizations, payment for mobile communications, the World Wide Web, payment of loans and payment for tuition in higher education organizations, other additional benefits and compensation.

Provisions are included in a collective agreement if the legislation contains a direct requirement for the mandatory enshrinement of these provisions in the collective agreement.

Article 68. Invalidity of the terms of a collective agreement

The collective agreement should not contain the following conditions:

worsening the situation of workers in comparison with legislation or collective agreements that apply to these workers;

violating the requirements for the prohibition of discrimination in the field of labor and occupation;

violating the requirements for the prohibition of forced labor;

beyond those issues that can be resolved at the local level.

If a collective agreement contains the conditions provided for in part one of this article, then such conditions are invalid. The invalidity of individual terms of a collective agreement does not entail the invalidity of the collective agreement as a whole.

Article 69. Discussion of the draft collective agreement

The draft collective agreement is subject to discussion by employees in the divisions of the organization and is finalized by the commission on social and labor issues, taking into account the proposals and comments received.

The draft collective agreement may be submitted for public examination to the relevant trade unions, their associations, and divisions.

The finalized draft of the collective agreement is submitted for consideration to the general meeting (conference) of the labor collective.

Article 70. Procedure for concluding a collective agreement

A collective agreement is considered approved if more than fifty percent of those present at the general meeting (conference) of the labor collective vote for it. If the draft collective agreement has not received approval, the commission on social and labor issues finalizes it in accordance with the proposals and comments of the general meeting (conference) and resubmits it for consideration by the general meeting (conference) within fifteen days.

Disputes regarding the resolution of disagreements that the parties were unable to resolve (settle) when considering the draft collective agreement are considered in the manner established for the resolution (settlement) of collective labor disputes.

After approval of the collective agreement at the general meeting (conference) of the labor collective, representatives of the parties sign the collective agreement within three days.

Article 71. Entry into force and validity period of a collective agreement

The collective agreement comes into force from the date of its signing or from the date established in the collective agreement, and is valid for the period specified in the agreement, but not more than three years. After the specified period, the collective agreement is valid until the parties enter into a new one, amend, or supplement the existing collective agreement. Before the expiration of the collective agreement, the parties can extend it.

Article 72. Extension of the collective agreement to a circle of persons

The collective agreement applies to the employer and all employees of the organization, individual entrepreneur, and the validity of the collective agreement concluded in a separate division of the organization applies to all employees of the corresponding division.

The collective agreement also applies to employees hired after the collective agreement came into force.

Article 73. Preservation of the validity of the collective agreement in the event of reorganization of the organization

When an organization is reorganized, the collective agreement remains in effect for the period of reorganization.

Within one month from the date of completion of the reorganization of the organization, any of the parties to collective bargaining has the right to make a proposal to revise or maintain in force the current collective agreement.

Article 74. Preservation of the validity of the collective agreement when the owner of the organization changes

If the owner of the organization changes, the collective agreement remains valid for six months. During this period, the parties have the right to begin negotiations on concluding a new collective agreement or maintaining the existing one, making changes and (or) additions to it.

During the revision of the collective agreement, the issue of the possibility of maintaining benefits for employees and fulfilling other conditions provided for by the previous collective agreement is being considered.

Article 75. Preservation of the validity of a collective agreement upon liquidation of an organization (its separate division)

When an organization (its separate division) is liquidated, the collective agreement remains in effect throughout the entire period of liquidation.

Article 76. Preservation of the validity of the collective agreement in other cases

The collective agreement remains valid in cases of change in the structure of the organization, the name of the organization, the composition of the management body of the organization or termination of the employment contract with the head of the organization.

Article 77. Amendments and additions to the collective agreement

Amendments and additions to the collective agreement are made in the manner established by this Code for its conclusion.

Article 78. Familiarization of employees with the collective agreement

The employer is obliged to familiarize employees with the collective agreement against signature no later than ten days after the collective agreement comes into force.

When concluding an employment contract, the employer is obliged to familiarize the person being hired with the collective agreement against signature.

Article 79. Control over the implementation of a collective agreement

Control over the implementation of the collective agreement is carried out by representatives of its parties, the commission on social and labor issues, the labor collective, as well as the relevant bodies of the Ministry of Employment and Labor Relations of the Republic of Uzbekistan and other authorized bodies.

Annually or within the time limits provided for by the collective agreement, representatives of its parties report on the implementation of the collective agreement at the general meeting (conference) of the labor collective.

CHAPTER 9. COLLECTIVE AGREEMENTS

Article 80. Concept and form of collective agreements

A collective agreement is a legal act on labor that regulates individual labor relations and social relations directly related to them, containing the obligations of the parties to establish working conditions, employment and social guarantees for workers at the territorial, sectorial and republican levels, concluded in order to harmonize socio-economic interest’s workers and employers.

To conduct collective negotiations on the preparation, conclusion or amendment of a collective agreement, territorial, sectorial and republican commissions on social and labor issues are formed in the manner established by Articles 50 – 53 of this Code.

Collective agreements are concluded in writing.

Article 81. Types of collective agreements

Depending on the scope of regulated relations, territorial, sectorial and general collective agreements may be concluded.

Territorial and sectorial collective agreements can be bilateral or trilateral.

Bilateral collective agreements are concluded between authorized representatives of workers and employers specified in Articles 42 and 46 of this Code.

Tripartite collective agreements are concluded between authorized representatives of workers and employers specified in part two of Articles 42 and 46 of this Code, and the relevant executive authority. In this case, the participation of the executive authority is determined at the proposal of authorized representatives of workers and employers.

Collective agreements containing obligations, financial support for the implementation of which is carried out at the expense of the relevant budgets, are concluded with the consent of the relevant authorized body.

The general collective agreement is tripartite and is concluded between authorized republican representatives of workers and employers and the Cabinet of Ministers of the Republic of Uzbekistan.

Representatives of employees do not have the right to demand that an executive body that is not an employer or a representative of an employer conclude bilateral agreements with them.

Article 82. Territorial collective agreements

Territorial collective agreements are concluded between the relevant representative bodies of workers and employers, and, at the proposal of the parties, with local executive authorities.

Territorial collective agreements determine general working conditions for the relevant territory, guarantees and benefits for workers.

Article 83. Industry collective agreements

Industry collective agreements are concluded between the relevant representatives of workers and employers, as well as, at the proposal of the parties, with the government authorities of the relevant industry. The Ministry of Employment and Labor Relations of the Republic of Uzbekistan participates as party to sectorial collective agreements in cases where government bodies in the relevant industry act as employers.

Industry collective agreements determine the main directions of socio-economic development of the relevant industry, working conditions and remuneration, social guarantees for industry workers.

Article 84. General collective agreement

The general collective agreement is concluded between the republican association of trade unions with the largest number of members, other republican associations of workers represented by their authorized representatives, republican associations of employers represented by their authorized representatives and the Cabinet of Ministers of the Republic of Uzbekistan.

The General Collective Agreement establishes the main directions for the coordinated implementation of socio-economic policy in the Republic of Uzbekistan.

Article 85. Content and structure of collective agreements

The content and structure of collective agreements are determined the parties.

Collective agreements may provide for the following provisions:

on pay, conditions and labor protection, work and rest schedules;

on the mechanism for regulating wages based on changes in prices, inflation levels, and the fulfillment of indicators determined by collective agreements;

on additional payments of a compensatory nature, the minimum amount of which is provided for by law;

on promoting employment, professional training, retraining, and advanced training of workers;

on ensuring environmental safety and health protection of workers at work;

on special measures for social protection of workers and members of their families;

on taking into account the interests of workers during the privatization of state organizations;

on benefits for employers who create additional jobs for people in need of increased social protection (pregnant women, people with disabilities under the age of eighteen, and others);

on the development of social partnership and tripartite cooperation, promoting the conclusion of collective agreements, preventing labor disputes, and strengthening labor discipline.

Collective agreements may contain provisions on other labor and socio-economic issues that do not contradict the law.

Article 86. Invalidity of the terms of collective agreements

Collective agreements should not contain the following conditions:

worsening the situation of workers in comparison with labor legislation, as well as collective agreements of a higher level, which apply to these workers;

violating the requirements for the prohibition of discrimination in the field of labor and occupation;

violating the requirements for the prohibition of forced labor;

going beyond those issues that can be resolved at the appropriate level of social partnership.

If a collective agreement contains the conditions provided for in part one of this article, then such conditions are invalid. The invalidity of individual terms of a collective agreement does not entail the invalidity of the collective agreement as a whole.

Article 87. Procedure for developing projects and concluding collective agreements

Draft collective agreements are developed during collective bargaining.

Draft collective agreements may be submitted for public examination to the relevant trade union associations.

The conclusion and introduction of amendments and additions to collective agreements that require budgetary financing are carried out by the parties to this agreement before the preparation of the draft corresponding budget for the financial year relating to the term of the agreement.

The procedure and terms for developing projects and concluding collective agreements are determined by the relevant commission on social and labor issues. The Commission is obliged to disseminate information about the beginning of collective negotiations to conclude a collective agreement through the media.

The Commission on Social and Labor Issues has the right to notify in writing employers who are not members of the association of employers conducting collective negotiations to develop a draft collective agreement of the start of collective negotiations. The employer who received the specified notice is obliged to inform the trade union committee about this. An employer who is not a member of an association of employers conducting collective negotiations to conclude a collective agreement has the right to participate in collective negotiations by becoming a member of this association of employers or in other forms determined by this association of employers.

If agreement is not reached between the parties on certain provisions of the draft collective agreement within three months from the date of the start of collective negotiations, and when conducting collective negotiations to prepare a draft general collective agreement within six months from the date of their start, the parties must sign an agreement on the agreed terms with the simultaneous drawing up protocol of disagreements.

Unresolved disagreements may be the subject of further collective negotiations or resolved (settled) in the manner established for collective labor disputes.

The collective agreement is signed authorized representatives of the parties.

Article 88. Registration of collective agreements by notification procedure

The collective agreement signed by the parties and its annexes by the commission on social and labor issues are sent to the parties to the collective agreement within seven days, as well as for registration by notification with the State Labor Inspectorate of the Ministry of Employment and Labor Relations of the Republic of Uzbekistan.

The entry into force of a collective agreement does not depend on the fact of its registration in the notification procedure.

If conditions are identified in a collective agreement that worsen the situation of workers in comparison with labor legislation and other legal acts on labor, the State Labor Inspectorate of the Ministry of Employment and Labor Relations of the Republic of Uzbekistan informs the parties to the collective agreement about this and takes measures established by law in order to eliminate them .

The procedure for registration of collective agreements, amendments and additions to them in the notification procedure is determined by the Cabinet of Ministers of the Republic of Uzbekistan.

Article 89. Amendments and additions to collective agreements

Amendments and additions to collective agreements are made by mutual agreement of the parties in the manner established by this Code for its conclusion.

Changes and additions to collective agreements are registered in the notification procedure in accordance with Article 88 of this Code.

Article 90. Effect of collective agreements on a circle of persons

The collective agreement applies to employees and employers whose representatives entered into this agreement.

If a tripartite collective agreement is concluded, its effect also applies to the executive authority that is a party to this agreement.

The General Collective Agreement applies to all workers and employers in the territory of the Republic of Uzbekistan, as well as to all executive authorities.

Article 91. Entry into force and validity period of collective agreements

The collective agreement comes into force from the date of its signing or from the date established in the collective agreement, and is valid for the period provided for by this agreement, but not more than three years. After the specified period, the collective agreement is valid until the parties enter into a new one or make changes and additions to the existing collective agreement. Before the collective agreement expires, the parties may extend it.

Article 92. Publication of collective agreements

Collective agreements are subject to publication in the media or on the official websites of their parties no later than ten days from the date of their signing.

Territorial and sectorial collective agreements that have been registered in the notification procedure, no later than ten days from the date of their registration, are published on the official website of the Ministry of Employment and Labor Relations of the Republic of Uzbekistan.

The general collective agreement no later than ten days from the date of its signing is published on the official website of the Ministry of Employment and Labor Relations of the Republic of Uzbekistan.

Article 93. Control over the implementation of collective agreements

Control over the implementation of collective agreements is carried out by their parties, commissions on social and labor issues, as well as the relevant bodies of the Ministry of Employment and Labor Relations of the Republic of Uzbekistan and other authorized bodies.

(TO BE CONTINUED)

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

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

The document presented as of ___30.06____2024г.

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