ORDER OF THE MINISTER OF EMPLOYMENT AND REDUCING POVERTY OF THE REPUBLIC OF UZBEKISTAN

of July 20, 2023 No. 62-2023/B

About approval of the Standard regulations on the permanent labor arbitration

According to Article 576 of the Labor code of the Republic of Uzbekistan and the resolution of the Cabinet of Ministers of July 3, 2019 No. 553 "About the tripartite commissions on social and labor questions" PRIKAZYVAYU:

1. Approve Standard regulations on the permanent labor arbitration, according to appendix.

2. This order is approved with Federation of trade unions of Uzbekistan and Chamber of Commerce and Industry of Uzbekistan.

3. This order becomes effective from the date of its official publication.

Appendix

to the Order of the Minister of employment and reducing poverty of the Republic of Uzbekistan of July 20, 2023 No. 62-2023/B

Standard regulations on the permanent labor arbitration

This Standard provision determines procedure for the organization of activities of the permanent labor arbitration (further - the labor arbitration) for permission (settlement) of the collective employment dispute arising between workers (their representatives) and employers (their representatives) (further - the parties).

Chapter 1. General provisions

1. In this Standard provision the following basic concepts are used:

the collective employment dispute is the not settled issues between workers (their representatives) and employers (their representatives) concerning establishment of new labor conditions or change of the existing labor conditions (including compensations), creation and changes of collective agreements, collective agreements the, and also other legal acts about work adopted according to the legislation in coordination with employee representatives and also applications of the labor law, other legal acts about work and industrial safety rules;

the labor arbitration - the permanent body created for permission (settlement) of collective employment disputes between the parties in case of not reaching an agreement in the conciliatory commission;

mediation - method of settlement of the evolved dispute with assistance of mediator of the voluntary consent of the parties for the purpose of achievement of the mutually acceptable decision by them;

mediator - person involved by the parties for carrying out mediation;

state bodies on permission (settlement) of collective employment dispute - the Ministry of employment and reducing poverty, the Ministry of employment and reducing poverty of the Republic of Karakalpakstan, Head departments of employment and reducing poverty of areas and the city of Tashkent;

the labor arbitrator (further - the arbitrator) - person performing permission (settlement) of collective employment dispute;

the tripartite commission on social and labor questions (further - the commission) - the commission created as a part of the Government of the Republic of Uzbekistan, Republican trade union associations and Republican associations of employers according to the resolution of the Cabinet of Ministers of July 3, 2019 No. 553 "About the tripartite commissions on social and labor questions".

2. State bodies and other organizations, and also their officials have no right to interfere with the activities of the labor arbitration performed according to acts of the legislation on work.

Chapter 2. Organization of activities of the labor arbitration

3. The labor arbitration can be created under the commission on its decision for the purpose of permission (settlement) of the collective employment disputes transferred to it for permission (settlement) by agreement of the parties.

4. The commission in written or electronic form makes in state bodies and other organizations inquiry about provision of candidates for forming of structure of the labor arbitration.

At the same time state bodies and other organizations within three days from the date of receipt of this request represent to the commission the list of the corresponding candidates based on their consent.

5. Based on the list of candidates provided by state bodies and other organizations, the commission within three days from the date of submission of the list makes the decision on creation of the labor arbitration and appointment of arbitrators.

6. Arbitrators are appointed to three-year term.

7. The labor arbitration at the republican level consists of seven arbitrators, at the industry level - of five arbitrators, and at primary and territorial levels - of three arbitrators.

8. Requirements imposed to arbitrators are:

availability of the higher education;

availability is at least three-year length of service in system of work or labor protection.

9. Powers of arbitrators stop ahead of schedule on the following bases:

in case of submission of the written application of the arbitrator in the commission about early termination of its powers;

in case of recognition by court by incapacitated person or incapacitated person;

in case of the introduction in legal force of conviction of court against it;

in case of recognition by the missing person or the announcement by the dead based on the judgment which took legal effect;

in case of termination of the employment contract by the employer with the worker appointed the arbitrator;

in case of detection of direct or indirect interest in resulting effect of the collective employment dispute which is in clerical work.

10. Arbitrators are exempted from the main work with preserving the average salary for time spent for permission (settlement) of dispute for participation in permission (settlement) of collective employment dispute.

11. The information about the arbitrator (him First name, middle initial, last name, position, education and date of appointment as the arbitrator) within one working day from the date of its appointment as the arbitrator is posted on the official website of the Ministry of employment and reducing poverty of the Republic of Uzbekistan.

Chapter 3. Rights and obligations of the labor arbitration

12. The labor arbitration has the right:

receive the necessary documents and data concerning collective employment dispute;

attract persons having the relevant information concerning collective employment dispute and from their consent to receive written explanations;

study with departure to the place of the reason and prerequisite of collective employment dispute for its permission (settlement).

13. The labor arbitration shall:

consider appeals of the parties of collective employment dispute;

explain to the parties of collective employment dispute of their right and obligation;

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