of July 31, 2015 No. 219
About approval of the Regulations on procedure by individual entrepreneurs of business activity with hiring of workers
According to the Presidential decree of the Republic of Uzbekistan of May 15, 2015 the No. UP-4725 "About Measures for Ensuring Reliable Protection of Private Property, Small Business and Private Entrepreneurship, Removal of Barriers to Their Accelerated Development" Cabinet of Ministers decides:
1. Approve Regulations on procedure as individual entrepreneurs of business activity with hiring of workers according to appendix No. 1.
2. To the State Tax Committee of the Republic of Uzbekistan to establish control of observance by individual entrepreneurs of the established extreme criterion of number of the hired workers, and also to strengthen measures for identification of the individual entrepreneurs performing activities without registration in accordance with the established procedure of the hired workers.
3. Make additions and change to some decisions of the Government of the Republic of Uzbekistan according to appendix No. 2.
4. To impose control of execution of this resolution on the First Deputy Prime minister-minister of the Republic of Uzbekistan R. S. Azimov.
Prime Minister of the Republic of Uzbekistan
Appendix № 1
to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of July 31, 2015 No. 219
1. This Provision determines procedure individual entrepreneurs of business activity with hiring of workers.
Action of this provision does not extend to subjects of family entrepreneurship without formation of legal entity.
2. For the individual entrepreneurs performing activities with hiring of workers the procedure for state registration, registration and execution of allowing documents established by the legislation provided for individual entrepreneurs is effective.
3. The individual entrepreneur can perform employment of workers after opening of the bank account in the procedure established by the legislation.
4. The individual entrepreneur has the right to perform employment of workers depending on the performed type of activity provided in the List of types of activity in which individual entrepreneurs without formation of legal entity, No. approved by the resolution of the Cabinet of Ministers of the Republic of Uzbekistan of January 7, 2011 6, in quantity from one to three people according to appendix No. 1 to this Provision can be engaged. The individual entrepreneur who is engaged in several types of activity has the right to hire no more than three workers, irrespective of quantity of types of activity.
5. The physical persons consisting in employment relationships with the individual entrepreneur are not considered as individual entrepreneurs and have no right to sign legal acts on behalf of the individual entrepreneur.
6. Employment relationships between the individual entrepreneur and the hired worker of the individual entrepreneur (further - the worker) are regulated by the labor law taking into account the features of implementation of individual business activity provided in this Provision.
7. The individual entrepreneur shall provide observance of the labor rights of workers established by the legislation.
8. When hiring (employment) of the worker the individual entrepreneur signs in writing the employment contract with it in form according to appendix No. 2 to this Provision.
The conditions of the employment contract worsening the worker's situation in comparison with legislation regulations are invalid.
9. The term of the employment contract shall not exceed effective period of the certificate on state registration of the individual entrepreneur.
10. The employment contract is constituted in triplicate, one of which is represented in body of the State Tax Service for the place of tax accounting of the individual entrepreneur, the second remains at the individual entrepreneur, and third - at the worker.
11. Assurance of the employment contract of the signature of the individual entrepreneur seal, and also execution of the order on employment are not required.
12. Maintaining on the worker of the service record by the individual entrepreneur is not performed.
13. The periods of work for hire at the individual entrepreneur are set off in working life of the worker on condition of payment:
for the period till January 1, 2019 - insurance premiums in the off-budget Pension fund under the Ministry of Finance of the Republic of Uzbekistan (further - the off-budget Pension fund);
for the period after January 1, 2019 - single social payment for it during these periods.
14. Accounting of working life of the worker is performed based on data on payment for it:
for the period till January 1, 2019 - insurance premiums in the off-budget Pension fund;
for the period after January 1, 2019 - single social payment.
15. The individual entrepreneur no later than three working days from the date of the conclusion with the worker of the employment contract represents to body of the State Tax Service for the place of tax accounting the statement for registration of hired employee in form according to appendix No. 3 to this Provision.
16. The following documents are enclosed to the application for registration of the worker:
copy of the employment contract signed between the individual entrepreneur and the worker;
two photos of the worker of 3 x 4 cm in size;
the passport copy of the hired worker.
17. Bodies of the State Tax Service record hired employees of individual entrepreneurs in accordance with the established procedure.
18. Bodies of the State Tax Service within three working days from the date of receipt of the statement for registration of hired employee issue to the individual entrepreneur the Accounting card of hired employee (further - the Accounting card) in form according to appendix No. 4 to this Provision.
19. The accounting card is issued on effective period of the employment contract signed between the worker and the individual entrepreneur.
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