of April 22, 2014 No. 35
About giving official interpretation of the Regulations on special fund of material stimulation of employees of budgetary institutions and the organizations (reg. No. 177 of September 20, 1995)
Due to the arriving requests connected with allowances to employees of state-financed organizations and also for the purpose of avoidance of misinterpretation of regulations of the legislation in the sphere of stimulation of employees of state-financed organizations, I order:
1. Give official interpretation of the Regulations on special fund of the material stimulation of employees of budgetary institutions and the organizations approved by the Ministry of Finance of the Republic of Uzbekistan on September 8, 1995 (reg. No. 177 of September 20, 1995), according to appendix.
2. Within ten days after approval to provide this order to the Ministry of Justice of the Republic of Uzbekistan for review.
3. Direct this order for application after coordination it with the Ministry of Justice of the Republic of Uzbekistan.
Minister
R. Azimov
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It is approved Ministry of Justice of the Republic of Uzbekistan on April 30, 2014 No. 6-16/1-5260/6 |
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Appendix
to the Order of the Minister of Finance of the Republic of Uzbekistan of April 22, 2014 No. 35
1. According to Item 3.2 of the Regulations on special fund of material stimulation of employees of budgetary institutions and the organizations, for the purpose of encouragement of initiative and fair accomplishment of service duties to highly-skilled employees of budgetary institutions and organizations personal allowances for high achievements in work in the amount of no more than 50 percent of official pay rate (tariff charge) are established. In the state bodies financed by means of the government budget the specified allowances are not limited to the maximum sizes.
The specified allowances are established for leading employees by superior organization, and for the others - the head of organization or organization.
In public authorities and public administration of the allowance to workers of the device are established by the head of this body. Material stimulation of heads of public authorities and public administration is made according to the decision of higher body.
These allowances are cancelled or decrease in case of work quality degradation, untimely task performance, violation of labor and production discipline.
2. According to Article 180 of the Labor code of the Republic of Uzbekistan encouragement measures for progress in work can be applied to the worker. Encouragement types, procedure for their application, provision of benefits and privileges are determined by collective agreements, employment policies and procedures and other local acts, collective agreements, charters and regulations on discipline.
The salary, awards, surcharges, allowances and other payments provided by wages system do not belong to types of encouragement.
During effective period of authority punishment (Article 183) encouragement measures are not applied to the worker.
3. According to Article 153 of the Labor code of the Republic of Uzbekistan for employees of the organizations and the organizations financed from the budget and also the state companies the minimum level of payment terms of work is established by the legislation (including: The presidential decree of the Republic of Uzbekistan of August 16, 1995 No. UP-1213 "About Increase in the Sizes of Pensions, Benefits, Grants and the Salary in Budgetary Institutions and the Organizations of the Republic", the resolution of the Cabinet of Ministers of the Republic of Uzbekistan of April 12, 1996 No. 147 "About introduction of scale of charges on compensation of employees of state governing bodies, judicial authorities and notary offices" and other regulatory legal acts).
Article 181 of the Labor code of the Republic of Uzbekistan determines the complete list of measures of authority punishment.
In view of the above, stipulated in Item 3.2 Provisions on special fund of material stimulation of employees of budgetary institutions and the organizations cancellation or reduction of allowances in case of work quality degradation, untimely task performance, violation of labor and production discipline, is not measure of authority punishment. Cancellation or reduction of payment of the allowance in case of work quality degradation, untimely task performance, violation of labor and production discipline is the right, but not obligation of the head of organization or organization. With respect thereto, in the presence of measure of authority punishment concerning the employee the head has the right to cancel or reduce this allowance, but it is not the head's obligation.
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The document ceased to be valid since October 25, 2024 according to Item 2 of the Order of the Minister of Economy and Finance of the Republic of Uzbekistan of September 19, 2024 No. 176