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RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

of June 24, 2009 No. 177

About measures for implementation of the Law of the Republic of Uzbekistan "About obligatory civil liability insurance of the employer"

(as amended on 25-06-2021)

According to the Law of the Republic of Uzbekistan "About obligatory civil liability insurance of the employer" and for the purpose of ensuring full functioning of obligatory civil liability insurance of the employer Cabinet of Ministers decides:

1. Approve Rules of obligatory civil liability insurance of the employer according to appendix No. 1.

2. To the ministry of employment and employment relationships, in coordination with the Ministry of Finance of the Republic of Uzbekistan, annually to carry out the analysis of practical application of insurance rates on obligatory civil liability insurance of the employer and, if necessary, to make in the Cabinet of Ministers of the Republic of Uzbekistan offers on modification of insurance rates on obligatory civil liability insurance of the employer, their limits, structure and procedure for their application by the insurer in case of determination of the amount of insurance premium under the agreement of obligatory civil liability insurance of the employer.

3. Make additions to the Regulations on licensing of insurance activity of insurers and insurance brokers approved by the resolution of the Cabinet of Ministers of November 27, 2002 No. 413 (the joint venture of the Republic of Uzbekistan, 2002, No. 11, the Art. 72), according to appendix No. 2.

4. To the Ministry of Finance together with the Ministry of Justice and the Ministry of Labour and Social Protection of the population of the Republic of Uzbekistan, other interested ministries and departments to bring departmental regulatory legal acts into accord with this resolution in a month.

5. To impose control of execution of this resolution on the First Deputy Prime Minister of the Republic of Uzbekistan Azimov R. S.

Prime Minister of the Republic of Uzbekistan

Shavkat Mirziyoyev

Appendix No. 1

to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of June 24, 2009 No. 177

Rules of obligatory civil liability insurance of the employer

I. General provisions

1. These rules determine procedure for obligatory civil liability insurance of the employer (further - compulsory insurance).

2. In these rules the following concepts are used:

the annuitant - physical person concerning which the agreement of annuities is signed and which has the right to insurance indemnity in the form of the current payments;

the beneficiary - person having the right to insurance indemnity in case of the death of the worker connected with execution of labor obligations by it;

the redemption amount - the cash amount paid by the insurer under the agreement of annuities in case of early termination of the agreement of annuities;

the agreement of obligatory civil liability insurance of the employer (further - the agreement of compulsory insurance) - the insurance contract according to which the insurer shall for the caused payment (insurance premium) in case of loss occurrence to compensate to the employer and (or) the victim or the beneficiary damage suffered of life or to health of the worker in connection with the labor mutilation, occupational disease or other damage of health connected with execution of labor obligations by it within insurance sum;

the agreement of annuities - the insurance contract according to which the insurer under the agreement of annuities shall for the payment (insurance premium) caused by the agreement of annuities to perform within insurance sum payment of insurance indemnity in the form of the current payments for the term of more than one year;

labor accident - event as a result of which the worker sustained the labor injuries or other damage of health connected with execution of obligations by it according to the employment contract (contract) both in the territory of employer and beyond its limits and which entailed need of the translation of the worker for other work, temporary or permanent loss of professional working capacity by it or his death;

occupational disease - the acute or chronic disease of the worker which is result of impact on it harmful or dangerous production factor and entailed temporary or permanent loss of professional working capacity by it;

the victim - the worker to whose health the harm in connection with the labor mutilation, occupational disease or other damage of health connected with execution of labor obligations by it having the right to insurance indemnity is done;

the worker - the physical person working at basis of the employment contract (contract) signed with the employer;

employer - the legal entity or physical person which signed the employment contract (contract) with physical person in the procedure established by the legislation;

insurance premium - cash amount which the employer shall pay to the insurer under the agreement of compulsory insurance of the employer or the insurer under the agreement of annuities according to the agreement of compulsory insurance or the agreement of annuities;

insurance sum under the agreement of compulsory insurance - the amount within which the insurer under the agreement of compulsory insurance shall compensate in case of loss occurrence to the injured (beneficiary) damage suffered;

insurance sum under the agreement of annuities - the extent of damage suffered established according to the legislation providing payment of insurance indemnity to the injured (beneficiary) in the form of the current payments for the term of more than one year;

the insurance policy - the document of the established sample certifying implementation of compulsory insurance;

insured event under the agreement of compulsory insurance the fact of approach of the civil responsibility of the employer on indemnification caused to life or health of the worker in connection with the labor mutilation, occupational disease or other damage of health of the worker connected with execution of labor obligations by it during validity of compulsory insurance confirmed in accordance with the established procedure;

insured event under the agreement of annuities - survival of the annuitant before date of implementation of insurance indemnity in the form of the current payment during validity of annuities;

the insurer under the agreement of obligatory civil liability insurance of the employer - the legal entity performing activities in industry of general insurance;

the insurer under the agreement of annuities - the legal entity performing activities in life insurance industry;

extent of loss of professional working capacity - the decrease in the professional working capacity which was available before labor accident expressed as a percentage, determined by medical labor commission of experts;

labor mutilation - temporary or permanent loss by the worker of professional working capacity owing to labor accident.

3. The employer shall no later than fifteen working days from the date of its state registration or from the date of execution of an employment agreement (contract) for employers - physical persons to insure the civil responsibility on indemnification, the worker caused to life or health in connection with the labor disease or other damage of health connected with execution of labor obligations by it.

The obligation of the employer on insurance of the civil responsibility according to these rules becomes effective from the date of enforcement of provisions of part two of article 17 of the Law of the Republic of Uzbekistan "About obligatory civil liability insurance of the employer".

4. Object of compulsory insurance are valuable interests of the employer in case of its civil responsibility on indemnification caused to life or health of the worker in connection with the labor mutilation, occupational disease or other damage of health of the worker connected with execution of labor obligations by it.

5. Subjects of compulsory insurance are the employer, the insurer under the agreement of compulsory insurance (further - the insurer), the insurer under the agreement of annuities, the victim and the beneficiary.

6. The employer based on these rules signs with the insurer the agreement of compulsory insurance according to which in case of loss occurrence the insurer compensates to the employer and (or) the victim or the beneficiary the harm done to life or health of the worker in connection with the labor mutilation, occupational disease or other damage of health connected with execution of labor obligations by it.

In cases if compensation of damage suffered provides payments for the term of more than one year, the employer according to these rules signs the contract of annuities with the insurer under the agreement of annuities under which to the annuitant payment of insurance indemnity in the form of the current payments is performed.

7. The moral harm done to the injured (beneficiary) in connection with insured event is not compensated on compulsory insurance.

8. The documents certifying implementation of compulsory insurance are the agreement of compulsory insurance and the policy of compulsory insurance, and also, in the cases determined by the legislation, the agreement of annuities and the policy under the agreement of annuities.

II. Procedure for the conclusion, change and early termination of the agreement of compulsory insurance

9. The agreement of compulsory insurance is public and consists between the employer and the insurer for a period of one year in form according to appendix No. 1 to these rules. If the employer performs the activities for less than one year, then the agreement of compulsory insurance is signed for the term of implementation of activities of the employer.

10. The employer has the right to the choice of the insurer and the insurer under the agreement of the annuity performing compulsory insurance.

11. The insurer has no right to refuse in conclusion of the agreement of compulsory insurance to the employer who filed to it the written application and submitted documents according to these rules.

12. For the conclusion of the agreement of compulsory insurance the employer submits to the insurer the following documents:

a) the statement for the conclusion of the agreement of compulsory insurance in form according to appendix No. 2 to these rules;

b) the passport copy of the employer - the physical person or other document proving his identity (pages with photograph and the last mark about registration);

c) the certificate on state registration of the employer (for legal entities).

The employer bears responsibility for completeness and reliability of data and the documents submitted to the insurer.

13. The insurance policy of compulsory insurance is issued to the employer no later than three working days following behind day of revenues to the settlement account of the insurer of insurance premium under the agreement of compulsory insurance.

The form of the insurance policy is the document of the strict reporting, shall have accounting series, number and at least 3 degrees of security. The form of the insurance policy is made by request of the insurer (the insurer under the agreement of annuities) by typographical method in GPO "Davlat of Belgisa" according to samples according to appendices No. No. 3 and 8 to these rules.

14. When losing the insurance policy the employer has the right to its duplicate.

The duplicate is issued by the insurer in two-day time from the date of the appeal of employer and payment of expenses by it on production of the duplicate in the amount of no more than 10 percent from the minimum size of the salary established by the legislation for date of the appeal of employer.

15. During validity of compulsory insurance the employer shall in writing and in the terms provided by these rules to report to the insurer about any changes in the data specified in the statement for the conclusion of the agreement of compulsory insurance.

16. When obtaining from the employer of the statement for changes in the data provided in case of the conclusion of the agreement of compulsory insurance the insurer, in case of need, signs the supplementary agreement to the agreement of compulsory insurance and renews the insurance policy.

17. In case of change of terms of the contract of compulsory insurance during the term of its action the size of insurance premium is adjusted depending on the changed conditions. At the same time the obligations of the parties concerning settlement of insurance premium shall be executed no later than 3 working days from the date of the conclusion of the supplementary agreement to the agreement of compulsory insurance.

18. If the employer objects to change of terms of the contract of compulsory insurance or surcharge of insurance premium under the agreement of compulsory insurance in the cases provided in Item 17 of these rules, then the insurer has the right to demand agreement cancelation of compulsory insurance. At the same time the paid insurance premium under the agreement of compulsory insurance is not subject to return.

19. The contract of compulsory insurance is ahead of schedule withdrawn in the following cases:

a) liquidation or reorganization of the employer - the legal entity;

b) the death of the employer - physical person;

c) recognition of the agreement of compulsory insurance invalid by a court decision.

The contract of compulsory insurance can be ahead of schedule withdrawn also in other cases, stipulated by the legislation.

20. In case of early termination of validity of compulsory insurance part of insurance premium returns in proportion to the amount of the paid compensation and remaining period of operation of this agreement in days. At the same time in case of early termination of validity of compulsory insurance on the bases other, than specified in subitems "a", "b" and "v" of Item 19 of these rules, the insurer can subtract the amount of its demonstrable expenses from the returned part of insurance premium under this agreement in the amount of no more than 25 percent from insurance premium.

III. Insurance sum, insurance premium and payment procedure of insurance premium under the agreement of compulsory insurance

21. The insurance sum under the agreement of compulsory insurance is determined:

for the employer performing for date of the conclusion of the agreement of compulsory insurance activities more than one year - in the amount of annual wage of all employees of employer the last twelve months prior to month of imprisonment of the agreement of compulsory insurance;

for the employer who is again performing the activities - in the amount of annual wage of all employees of employer for the next twelve months after month of imprisonment of the agreement of compulsory insurance. At the same time the annual wage is calculated by multiplication of the size of the salary for the first month on twelve;

for the employer performing activities for the term of less than one year - in the amount of the salary of all employees of employer for the term of implementation of these activities by the employer.

22. In case of change of the size of annual wage during the term of the agreement of compulsory insurance changes in part of insurance sum and insurance premium by the conclusion of the written supplementary agreement to it are made to this agreement. At the same time recalculation of insurance premium under the agreement of compulsory insurance is made in proportion to the remained period of insurance and insurance sum on the insurance rate operating for date of the conclusion of this agreement.

23. The size of insurance premium under the agreement of compulsory insurance is estimated according to insurance rates according to appendix No. 9 to these rules.

Change of insurance rates during the term of the agreement of compulsory insurance does not involve change of the insurance premium paid by the employer for the insurance rates operating at the time of payment.

24. Calculation of insurance premium for the agreement of compulsory insurance is perfromed by the insurer proceeding from the data specified by the employer in the statement for the conclusion of the agreement of compulsory insurance.

25. If after the conclusion of the agreement of compulsory insurance it is found out that the employer specified the wrong and (or) wrong data in the statement for the conclusion of the agreement of compulsory insurance, then the size of insurance premium shall be brought into accord with the insurance rates and classification of degrees of danger of types of activity of the employer operating at the time of the conclusion of the agreement of compulsory insurance.

26. The insurance premium under the agreement of compulsory insurance is paid by the employer one-timely within five working days from the date of the conclusion of the agreement of compulsory insurance.

In case of payment of insurance premium in cash form payment date acceptance date of money is considered the insurer (its branch or insurance agent). In case of payment of insurance premium in non-cash form payment date of insurance premium receipt date "money on the settlement account of the insurer (its branch or insurance agent) is considered.

In case of insufficiency of money on the settlement account of the employer payment of insurance premium under the agreement of compulsory insurance is made at the expense of funds for the urgent needs connected directly with productive activity of the employer.

27. If during validity of compulsory insurance the insurer paid insurance indemnity, the insurance sum under the agreement of compulsory insurance decreases by the amount of the paid insurance indemnity. At the same time the employer within seven working days shall pay in addition insurance premium in proportion to the amount of the paid insurance indemnity and remaining period of validity of compulsory insurance.

IV. Rights and obligations of the Parties of the agreement of compulsory insurance

28. The employer has the right:

demand from the insurer of explanation of terms of the contract of compulsory insurance;

appeal in accordance with the established procedure the decision of the insurer on refusal in payment of insurance indemnity;

in case of reduction of the size of annual wage to get part of insurance premium it is pro rata to reduction of the size of annual wage and not expired period of the agreement of compulsory insurance.

The employer can have and other rights according to the legislation.

29. The employer shall:

pay insurance premium under the agreement of compulsory insurance and in certain cases under the agreement of annuities on conditions and according to the procedure, established by the legislation;

no later than five working days from the moment of change of the size of annual wage to report about it to the insurer in writing;

no later than five working days from the moment of change of degree of danger of the types of activity performed by the employer to notify on it in writing the insurer, and if necessary to pay in addition estimated insurance premium;

inform workers of terms of the contract of compulsory insurance, including explain the rights and obligations of the Parties under this agreement;

within two working days from the date of the address with the statement in writing of the victim or the beneficiary to provide all necessary information about the insurer and the insurer under the agreement of annuities;

notify in writing the insurer on approach of labor accident within three working days since the moment when he knew of it;

report to the insurer about excessively paid insurance indemnity if it was paid unreasonably owing to abuses of the victim or the beneficiary and to take necessary measures for return to the insurer of excessively paid means.

The employer can perform also other duties according to the legislation.

30. The insurer has the right:

be involved in investigation of labor accidents and if necessary to involve the corresponding experts;

check information on labor accident;

on assessment of insurance risk for determination of insurance premium;

make recommendations about accident prevention on production.

The insurer can have and other rights according to the legislation.

31. The insurer shall:

inform the employer of terms of the contract of compulsory insurance, including explain its rights and obligations;

provide confidentiality of information about the employer and (or) the victim or the beneficiary received as a result of implementation of the activities;

in case of decision making about refusal in payment of insurance indemnity no later than fifteen working days after the appeal of employer behind payment of insurance indemnity to report about it to the employer with motivated reasons for causes of failure in writing;

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