of July 2, 1992 No. 638-XII
About labor unions, the rights and guarantees of their activities
The labor union is public association of the citizens connected by common interests by the nature of their activities in production and non-productive spheres for protection of labor and other social and economic rights and legitimate interests of the members.
Labor unions can perform the activities with education or without formation of legal entity according to the legislation.
The workers, persons studying in the highest and average special, professional educational institutions and other busy persons (further - workers) without any distinction have the right to voluntarily create at the choice and without preliminary permission labor unions, and also the right to enter into labor unions on condition of observance of their charters.
Workers have the right to create labor unions in all companies, organizations and the organizations (further - the organizations), on other places of employment on which the individual entrepreneurship and other labor activity, at the initiative of at least three workers are performed.
Labor unions can be created by production industry principle at the level of industries and the territories.
The procedure for the introduction of unemployed pensioners in members of labor union or exit from it is regulated by the charter of labor union.
Labor unions on a voluntary basis can create, and also enter republican, branch and territorial associations to which the rights and guarantees of activities of labor unions, stipulated by the legislation extend.
The labor union is registered according to the procedure, established by the legislation.
Labor unions have the equal rights.
Labor unions are independent in the activities of state bodies, bodies of economic board, employers and their associations, political parties and other public associations, are not accountable to them and are not under control, except the cases provided by the law. Intervention in activities of labor unions is not allowed.
Labor unions are independently developed and approve the charters, determine structure, elect governing bodies, will organize the activities, hold meetings, conferences, plenums, congresses.
Labor unions according to the authorized purposes and tasks have the right to cooperate with Labor unions of other countries, at the choice to enter the international and other associations and the organizations of Labor unions.
Accessory or not belonging to labor unions does not involve any restriction of labor, other social and economic, political, personal rights, freedoms and legitimate interests of the citizens guaranteed by the legislation. It is forbidden to cause employment, promotion on work, and also the termination of the employment contract with the worker as belonging to certain labor union, the introduction or exit from it.
The termination of activities of labor union is performed according to the decision of its authorized body according to the procedure, determined by the charter.
In case activities of labor unions, their associations contradict the Constitution and the legislation of the Republic of Uzbekistan, it can be forbidden by the judgment. Prohibition of activities of labor unions for the decision of any other bodies is not allowed
The legislation on labor unions, the rights and guarantees of their activities consists of this Law and other acts of the legislation.
If the international treaty of the Republic of Uzbekistan establishes other rules, than those which are stipulated by the legislation the Republic of Uzbekistan about labor unions, the rights and guarantees of their activities then are applied rules of the international treaty.
Features of application of this Law in Armed Forces, law-enforcement bodies, Service of state security of the Republic of Uzbekistan and other military forming are determined by the legislation on these forming.
The federation of trade unions of Uzbekistan has the participation right in development of regulatory legal acts on work and other social economic problems.
The federation of trade unions of Uzbekistan has the right to make offers on adoption of regulatory legal acts on work and other social economic problems in the relevant state bodies.
The regulatory legal acts affecting labor and other social and economic rights and legitimate interests of workers are accepted by state bodies with the prior notice of Federation of trade unions of Uzbekistan.
Labor unions protect the right of the members to work, take part in development of state policy of employment, propose the measures for social protection of persons released from the organizations, determined by the collective agreement on the basis of the legislation.
The liquidations of the organization and its structural divisions, complete or partial suspension of production at the initiative of the employer involving change of the number (state) of workers or working conditions can be performed only on condition of the prior notice, at least in two months, the relevant labor unions and carrying out negotiations with them on observance of the rights and legitimate interests of workers.
Labor unions exercise public control over condition of employment of the population and compliance with law about employment of the population.
The termination of the employment contract at the initiative of the employer is not allowed without prior consent trade-union committee if such consent is provided by the collective agreement, the agreement.
Labor unions have the privilege to conducting collective bargainings with the employer, merging of employers and the conclusion of collective agreements, agreements, exercise public control over their execution.
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