LAW OF THE REPUBLIC OF UZBEKISTAN

of October 20, 2020 No. ZRU-642

About employment of the population

Accepted by Legislative house on April 28, 2020

Approved by the Senate on August 7, 2020

Chapter 1. General provisions

Article 1. Purpose of this Law

The purpose of this Law is regulation of the relations in the field of employment of the population.

Article 2. Legislation on employment of the population

The legislation on employment of the population consists of this Law and other acts of the legislation.

If the international treaty of the Republic of Uzbekistan establishes other rules, than those which are stipulated by the legislation the Republic of Uzbekistan about employment of the population then are applied rules of the international treaty.

Operation of this Law extends to the citizens of the Republic of Uzbekistan, foreign citizens and persons without citizenship who are constantly living in the territory of the Republic of Uzbekistan and also the foreign citizens attracted to labor activity according to the procedure provided in Chapter 17 of this Law.

Article 3. Basic concepts

In this Law the following basic concepts are applied:

socially vulnerable categories of the population - the persons needing social protection and experiencing the difficulties in job search and not capable to compete on equal terms in the labor market;

the unoccupied population (unoccupied persons) - persons which do not have paid work or the occupation bringing earnings (labor earnings);

the information system "Bandlik of Hizmata" - the electronic information system of the Ministry of employment and employment relationships of the Republic of Uzbekistan intended for accounting of the rendered services to the physical persons and legal entities which addressed to local authorities on work;

National base of vacancies - the information database containing data on empty (vacant) workplaces, entering the interdepartmental hardware and software "Single National System of Work" of the Ministry of employment and employment relationships of the Republic of Uzbekistan;

unemployment - availability of unclaimed part of able-bodied labor power in the labor market;

unemployment benefit - type of the support of the unemployed guaranteed by the state in cash;

reservation of workplaces - allocation of workplaces by the organization (employer) for employment of socially vulnerable categories of the population;

the state order on creation of workplaces - the order to employers on creation of certain quantity of workplaces according to required organizational specifications for employment of persons who are looking for work and the unemployed;

the minimum quantity of workplaces - the minimum quantity of workplaces established by solutions of hokim of areas (cities) percentage of the average number of employees of the organization for employment of socially vulnerable categories of the population;

person who is looking for work - the person who addressed to local authorities on work behind receipt of assistance in employment and registered in them as person who is looking for work;

National system of development of professional qualifications and competences - set of the mechanisms of legal and institutional regulation providing optimum coordination of real needs of the labor market for skilled workers and offers of skilled labor force from education system and professional training;

the professional standard - the standard determining requirements to skill level and competence, content, quality and working conditions, containing the description of the main labor functions and condition of their accomplishment;

qualification - the degree of readiness of the worker or job seeker of work, level of its knowledge, skills allowing it to perform qualitatively labor functions by the corresponding profession (specialty);

qualification assessment - the procedure of confirmation of conformity of qualification of the worker or job seeker of work to requirements of the professional standard;

suitable work - work which the citizen is capable to carry out, corresponding in the direction and specialization to the education got by the citizen, its qualification, professional training, work experience, the state of health, not assuming change of the residence, slightly remote from its permanent residence and guaranteeing the salary not below the established minimum wage;

bodies for work - the Ministry of employment and employment relationships of the Republic of Uzbekistan, and also the Ministry of employment and employment relationships of the Republic of Karakalpakstan, head departments of employment of areas and the city of Tashkent (further - territorial authorities on work), the district (city) centers of assistance of employment of the population (further - local authorities on work);

manpower - able-bodied population at working-age and busy persons younger and is more senior than working-age;

balance of manpower - system of the indicators reflecting the number and structure of manpower, and also their distribution to busy, unoccupied and economically inactive population;

pre-retirement age - achievement of age by person in two years prior to the retirement age established by the state;

paid social jobs - the types of temporary labor activity organized by customers employers - public authorities on places, the ministries, departments, self-government institutions of citizens, subjects of entrepreneurship, other organizations, as a rule, not requiring preliminary professional training, having socially useful focus and carried out in the directions on employment issued by local authorities on work for providing temporary employment of persons who are looking for work and the unemployed;

the interdepartmental hardware and software "Single National System of Work" - the electronic information system containing the objective, regularly updated database about the labor market and employment, balance of manpower, the created workplaces, providing for employers and workers the platform for registration electronically of employment relationships, forming and storage of data on personal history of employment, vacancies, the quantitative and high-quality list of workers.

Article 4. Employment

Employment - the activities of citizens which are not forbidden by the legislation, connected with satisfaction their personal and public needs, bringing them earnings (labor earnings).

Citizens possess exclusive right to dispose of the capabilities to productive and creative activity and to perform any activities which are not forbidden by the legislation including not connected with accomplishment of paid work.

Citizens are considered as busy:

working according to the employment contract for remuneration on the terms of complete or part-time or at home, and also having other paid work, including temporary work;

temporarily absent on workplace in connection with disease, leave, professional training, retraining or advanced training, production suspension, and also in other cases when according to the legislation for temporarily absent worker the place of employment remains;

chosen or appointed to paid position;

the Ministries of Defence serving in system, the Ministries of Internal Affairs, the Ministry of Emergency Situations, National guard, Service of state security of the Republic of Uzbekistan, customs authorities and other departments in which the military service is provided;

independently providing themselves with work, including the handicraftsmen, members of family companies, members of Dehkan farms, production cooperatives, members of farms, persons registered as self-employed persons, individual entrepreneurs, and also the other persons performing the activities for rendering services (performance of works), including for agreements of civil nature based on personal labor participation;

performing temporary labor activity outside the Republic of Uzbekistan;

working in non-state non-profit organizations, including the religious organizations performing the activities according to the legislation.

Article 5. The basic principles in the field of employment of the population

The basic principles in the field of employment of the population are:

voluntariness and freedom of choice of type of employment;

state support and stimulation of employment of the population;

inadmissibility of discrimination;

transparency and openness;

protection against unemployment and assistance in employment, passing of professional training, retraining and advanced training;

providing the right to labor activity, independent job search and employment outside the Republic of Uzbekistan;

equal opportunities guarantee in receipt of profession and work, working conditions and employment, compensation, job development;

prohibition of forced labor, that is coercion to performance of work under the threat of application of any punishment.

Chapter 2. Regulation in the field of employment of the population

Article 6. The main directions of state policy in the field of employment of the population

The main directions of state policy in the field of employment of the population are:

stimulation of creation of workplaces and assistance of employment of the population, including by forming of the state order on creation of workplaces and the state order on professional training, retraining and advanced training of persons who are looking for work and the unemployed;

material support and social protection of the unemployed, taking measures to reduction of unemployment, assistance to employment of socially vulnerable categories of the population;

implementation of measures for ensuring employment of youth, especially in the rural zone, graduates of general averages and the average special educational organizations, vocational schools, professional colleges, technical schools, the highest educational institutions;

implementation of modern professional standards in the field of employment of the population, enhancement of mechanisms of regulation and compensation;

providing the equal rights and opportunities for women and men in the field of employment of the population;

implementation of the advanced information technologies in employment processes, creation of modern infrastructure and competitive environment in the market of services in assistance of employment of the population;

assistance to citizens of the Republic of Uzbekistan in employment outside the Republic of Uzbekistan, ensuring their legal and social protection during implementation of temporary labor activity outside the Republic of Uzbekistan.

Article 7. Powers of the Cabinet of Ministers of the Republic of Uzbekistan in the field of employment of the population

Cabinet of Ministers of the Republic of Uzbekistan:

provides realization of single state policy in the field of employment of the population;

approves state programs in the field of employment of the population and provides their realization;

takes measures for ensuring effective functioning of system of assistance of employment of the population, and also professional training, retraining and advanced training of persons needing employment;

performs measures for stimulation of the worthy, productive and productive employment providing growth of the income of the population;

coordinates work of state bodies, executive bodies on places on implementation of progressive forms of employment;

takes measures for improvement of mechanisms of material stimulation and working conditions;

performs international cooperation in the field of employment of the population.

The Cabinet of Ministers of the Republic of Uzbekistan can perform also other powers according to the legislation.

Article 8. Authorized state body in the field of employment of the population

Authorized state body in the field of employment of the population is the Ministry of employment and employment relationships of the Republic of Uzbekistan.

Ministry of employment and employment relationships of the Republic of Uzbekistan:

realizes single state policy in the field of employment of the population;

develops and realizes the state and other programs in the field of employment of the population;

coordinates activities and interaction of state bodies and other organizations in the field of employment of the population;

performs monitoring of processes of employment of persons who are looking for work and the unemployed, and also attraction of the population to paid social jobs;

creates the annual state order on creation of workplaces by industries and the territories;

creates the annual state order on professional training, retraining and advanced training of persons who are looking for work and the unemployed;

realizes measures for assistance to citizens in employment outside the Republic of Uzbekistan, to ensuring their legal and social protection during implementation of temporary labor activity outside the Republic of Uzbekistan, and also their reintegration after return to the Republic of Uzbekistan;

gives methodical and practical help to public authorities on places and to local authorities on work concerning employment of the population;

enhances system of professional training, retraining and advanced training of persons needing employment;

implements the advanced information technologies in employment processes, provides functioning of the interdepartmental hardware and software "Single National System of Work";

creates modern infrastructure and competitive environment in the market of services in assistance of employment of the population;

creates and keeps the National register of persons having the confirmed qualification, the National registry of professional standards, the Unified register of professional participants of the market of services in the field of labor protection, the Register of accredited assessment centers of qualification;

exercises control of observance of requirements of the legislation on employment of the population;

performs international cooperation in the field of employment of the population.

The ministry of employment and employment relationships of the Republic of Uzbekistan can perform also other powers according to the legislation.

Article 9. Powers of the Agency on external labor migration under the Ministry of employment and employment relationships of the Republic of Uzbekistan in the field of employment of the population

The agency on external labor migration under the Ministry of employment and employment relationships of the Republic of Uzbekistan (further - the Agency on external labor migration):

signs agreements with the foreign employers having official registration or accreditation in competent authorities of the country for involvement of labor migrants;

signs with foreign employers service provision agreements on organized set of citizens for implementation of temporary labor activity outside the Republic of Uzbekistan;

exercises monitoring and control of conditions of employment of citizens of the Republic of Uzbekistan outside the Republic of Uzbekistan;

exercises control of observance of regulations of providing the salary to labor migrants at the level not below the salary established in the state of employment for the corresponding employee category;

performs monitoring of observance of regulations of providing worthy conditions of accommodation and the work established in the country of employment.

The agency on external labor migration can perform also other powers according to the legislation.

Article 10. Powers of territorial and local authorities on work in the field of employment of the population

Territorial authorities on work:

coordinate activities and interaction of state bodies and other organizations in the field of employment of the population in the corresponding territory;

perform monitoring of accomplishment of territorial programs of assistance of employment of the population, processes of employment of persons who are looking for work and the unemployed, and also attraction of the population to paid social jobs;

create the annual state order on creation of workplaces in the corresponding territory by industries and areas (cities);

create the annual state order on professional training, retraining and advanced training of persons who are looking for work and the unemployed in the corresponding territory;

give methodical and practical help to public authorities on places and to local authorities on work concerning employment of the population;

allocate grants in the procedure established by the legislation to the centers of professional training of the unemployed and the unoccupied population, the monocenters "Ishga Markhamat" entering into structure of the Ministry of employment and employment relationships of the Republic of Uzbekistan (further - the centers of professional training), to other educational institutions, the organizations, including the non-state centers of professional education accredited in accordance with the established procedure (further - organizations of professional education);

exercise control of observance of requirements of the legislation on employment of the population in the corresponding territory.

Local authorities on work:

take measures for employment of persons who are looking for work and the unemployed, and also to attraction of the population to paid social jobs;

sign direct contracts with the centers of professional training (organizations of professional education) for professional training, retraining and advanced training of persons who are looking for work and the unemployed;

register persons who are looking for work, make the decision on recognition by their unemployed, give them help, grant and pay to the unemployed unemployment benefits;

participate in development and implementation of territorial programs of assistance of employment of the population, perform monitoring of their accomplishment;

develop and submit for consideration of public authorities on places of the offer on establishment for the organizations of the minimum quantity of workplaces, and also send persons from among socially vulnerable categories of the population to the organizations for employment on the reserved workplaces;

direct in accordance with the established procedure persons who are looking for work and the unemployed to paid social jobs;

appoint subsidies to legal entities and physical persons in the procedure established by the legislation;

create requests for allocation of grants to the centers of professional training (organizations of professional education) in the procedure established by the legislation;

interact with sectors on complex social and economic development in the field of employment of the population;

perform monitoring of implementation of the state order on creation of workplaces;

participate in forming of the annual state order on professional training, retraining and advanced training of persons who are looking for work and the unemployed in the corresponding territory;

coordinate activities co-working centers and the makhallinsky centers of assistance of employment of unemployed population "Mekhnat of guzara" under local authorities on work;

exercise control over the implementation of solutions of hokim of areas (cities) on establishment of the minimum quantity of workplaces.

Article 11. Powers of state bodies in the field of employment of the population

State bodies:

develop the measures for realization of structural, financial, credit, investment and tax policy providing work market development, employment of the population;

conduct analytical researches, market forecasting of work and employment of the population, perform the state statistical recording and the reporting in this sphere;

develop and realize industry programs in the field of employment of the population, investment projects on creation of new production capacities and workplaces;

provide the corresponding state guarantees, and also protection of the rights and legitimate interests of citizens in the field of employment of the population;

promote creation of additional workplaces, improvement of working conditions;

develop and introduce on the subsequent registration in accordance with the established procedure professional standards and qualification requirements.

State bodies can perform also other powers according to the legislation.

Article 12. Powers of executive bodies on places in the field of employment of the population

Executive bodies on places:

realize the main directions of state policy in the field of employment of the population in the corresponding territory;

develop and provide accomplishment of territorial programs of assistance of employment of the population, regional investment projects on creation of new production capacities and workplaces;

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