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The document ceased to be valid since  April 17, 2017 according to Item 2 of the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of 13.03.2017 No. 130

RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

of December 1, 1998 No. 504

About approval of the Regulations on procedure for imposing of penalties for violation of the law about employment of the population

(as amended on 26-04-2016)

According to the resolution of Oliy Majlis of the Republic of Uzbekistan of May 1, 1998 "About enforcement of the Law of the Republic of Uzbekistan "About employment of the population" in the new edition" the Cabinet of Ministers decides:

1. Approve:

Regulations on procedure for imposing of penalties for violation of the law on employment of the population (appendix N 2).

2. Recognize invalid the appendix N 3 to the resolution of the Cabinet of Ministers of May 13, 1992 N 235 "About measures for ensuring implementation of the Law of the Republic of Uzbekistan "About employment of the population" (the joint venture of the Republic of Uzbekistan, 1992. N 5, of the Art. 18) and the subitem "d" of Item 1 of the Changes and amendments approved by the resolution of the Cabinet of Ministers of July 23, 1998 N 310.

 

Prime Minister of the Republic of Uzbekistan

U. Sultanov

Appendix No. 2

to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of December 1, 1998 No. 504

Regulations on procedure for imposing of penalties for violation of the law on employment of the population

1. This Provision is developed according to the resolution of the Cabinet of Ministers of the Republic of Uzbekistan of January 27, 1998 N 45 "About the State program of measures for 1998 for ensuring realization of interests of family", for the purpose of ensuring execution of requirements of the Law "About Employment of the Population".

2. The provision determines procedure for imposing of penalties on officials for violation of the law about employment of the population.

3. All employers, irrespective of departmental subordination, patterns of ownership and managing, are made for violation of requirements of the Law "About Employment of the Population" responsible in accordance with the established procedure.

4. Control of compliance with law about employment of the population and ensuring its execution with legal means is performed by the state legal inspectors of work of the Ministry of Labour and Social Protection of the population of the Republic of Uzbekistan, the Ministry of Labour and Social Protection of the population of the Republic of Karakalpakstan, head departments on work and social protection of the population of areas and Tashkent, the district (city) centers of assistance of employment and social protection of the population.

5. The state legal inspectors of work within the competence have the right:

a) perform execution of the law "About Employment of the Population" as a rule, during the one-time scheduled inspections which are carried out by tax (financial) authorities based on the approved Republican council on coordination of activities, monitoring bodies of the Republic of Uzbekistan of coordination plans;

b) perform in cases, stipulated by the legislation, supervising checks according to the procedure and the terms coordinated with republican council on coordination of activities of monitoring bodies or its territorial commissions;

c) receive the necessary documentation and other information which is directly connected with conducting check from the checked business entities;

d) give the written instructions which are subject to obligatory execution by officials competent to eliminate the allowed violations;

e) impose penalties on the companies of the organization, the organization and officials guilty of the violation of the law about employment of the population in the amount of determined by the legislation.

6. For violation of requirements of the legislation on employment of the population according to Articles 50, 51 and 229 Codes about the administrative responsibility the penalty in the following cases and in the following sizes is imposed on officials:

a) for unreasonable refusal in employment of the citizens directed to the companies in organizations and the organizations by the centers of assistance of employment and social protection of the population in the presence of there free workplaces (vacant positions), - in the amount of five to seven minimum sizes of the salary;

b) for administrative coercion to work in any form, except as specified, provided by the law, - in the amount of one to three minimum sizes of the salary;

c) for concealment of free workplaces (vacant positions) in the amount of three to five minimum sizes of the salary;

d) for untimely submission of information to the Center of assistance of employment and social protection of the population about the forthcoming release of each worker (with indication of its profession, specialty, qualification and the amount of compensation) - in the amount of three to five minimum sizes of the salary;

e) for evasion from contributions to the State fund of assistance of employment of the Republic of Uzbekistan - in the amount of three to five minimum sizes of the salary;

7. The collected amounts of penalties specified in Item 6 of this provision are distributed in the following procedure:

20 percent of the amount of penalties - in the republican budget of the Republic of Uzbekistan;

80 percent - in the State fund of assistance of employment of the Republic of Uzbekistan.

8. The state legal inspectors of work when imposing penalty on officials for violation of requirements of the Law "About Employment of the Population" perform the following actions:

a) constitute the protocol on violation of the law. In the protocol are specified: date and the place of its creation, surname, name, middle name and position of the state legal inspector of work, the name of place of employment, content of cases of violation of the law, the explanation of persons guilty of these violations, and results of consideration of these explanations, documents considered during check, data on acquaintance of the perpetrator with the made decision, and also explanation to it procedure for appeal of the decision. The protocol is signed by the state legal inspector of work;

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