This lecture has been prepared by Ammar Younas, Senior Lecturer in Commercial Law at Westminster International University in Tashkent for the Class of 2019-2020 Introduction to Business Law.

13. Lecture 7
Labor Law of Uzbekistan

14. Article 7 – Forced Labour
• Forced labour, that is, coercion to fulfill work
under threat of the use of any form of punishment
(as well as a means of maintenance of labour
discipline) is prohibited
• Work, the fulfillment of which is required
– On the basis of legislative acts on military or alternative
service
– Under extraordinary circumstances
– Upon enforcement of the judgment of a court
– In other instances provided for by law
is not considered to be forced labour

15. Article 16 – Basic Rights of
Employee
• Remuneration for work not lower than the minimum amount
established by legislation
• Leisure
• Work conditions meeting the requirements of safety and
hygiene
• Professional training, retraining, and raising of qualifications
• Compensation of harm caused to the health or property due to
work
• Joining trade unions and other organizations
• Social security with regard to age, loss of work capacity, loss
of breadwinner, and in other instances established by law
• Protection of labor rights
• Defending interests in collective labour disputes

16. Article 57 – Right to Job Placement (Право на
трудоустройство)
• Everyone shall exercise the exclusive right to manage his
capacities for production and creative labour and to conduct
any activities not prohibited by law. Voluntary
unemployment may not serve as rounds for being brought to
responsibility.
• Each shall have the right to freely choose the place of work

17. Article 60 – Recognition as Unemployed
• A person capable of labour and aged from sixteen to the age
of acquiring the right to pension, who does not have a job
and earnings and who has registered at local agency for
labour as a person seeking work, and who is ready to work,
professionally train and retrain, and to enhance the
qualifications

18. Article 62 – Refusal of Offered Suitable Job
• Persons, who have twice refused suitable work offered to
them within ten days from the moment of registration at the
local agency for labour shall not be deemed to be seeking
work and shall have the right for a second registration as
unemployed upon the expiry of thirty calendar days from
the moment of the refusal of the work offered

19. Article 63 – Job not Considered as Suitable
• Job may not be considered as suitable if;
– It is connected with a change of residence
– The work offered is significantly far from the permanent place of
residence and is located outside the transport accessibility
– The earnings for the work offered are lower than the minimum for
the particular specialty and skills
– The refusal is justified with reasonable grounds

20. Article 72 – The Concept and Parties of Labour
Contract
• A labour contract is an agreement between the employee
and employer concerning the fulfillment of work of a
determined specialty, qualification, or position for
remuneration with obedience to the internal labour order
• The employee and employer are the parties to a labour
contract

21. Article 73 – The Content of Labour Contract
• The place of work
• Labor function of the employee – specialty, qualification, position
• Day of commencement of work
• Operation period of the contract if it is concluded for a definite
period
• Amount of payment and other labour conditions
are determined in the labour contract

22. Labour Contract
• A labour contract is concluded in writing
(Art 74 of LCU)
• Labour contract may be concluded for (Art
75 of LCU)
– An indefinite period
– A determined period of not more than five
years
– For the period of fulfillment of a particular
work

23. Article 77 – Age, at which Hiring is Permitted
• Hiring for work is permitted from 16 years of age
• Persons who have attained 15 years of age may be hired for work
with the written consent of one of the parents or person replacing
him
• Persons, who have reached the age of 14, may also work with the
written consent of one of the parents or person replacing him

24. Article 80 – Documents Required when Hiring
for Work
• Passport or document replacing it and persons up to 16 years – a
birth certificate and reference form place of residence
• Labour book, except for persons taking up work for the first time
• Military ticket
• Diploma concerning completion of an educational establishment
• It is not allowed to demand any additional documents not
provided for by legislation

25. Article 84 – Preliminary Probation when
Hiring for Work
• Undergoing a preliminary probation must be stipulated in the labour
contract. In the absence of such a stipulation, it will considered that the
employee has been hired without preliminary probation
• Preliminary probation shall not be established when hiring pregnant women,
women having children up to three years of age, persons sent for work using
a minimum number of jobs established for the enterprise and
• Workers with whom a labour contract is concluded for a period of up to six
months

26. Article 85 – Period of Preliminary Probation
• The period of preliminary probation may not exceed three
months
• The period of temporary incapacity to labour and other
periods when an employee is absent from work for a
justifiable reason shall not be calculated in the period of
preliminary probation

27. Article 97 – Grounds for Termination of
Labour Contract
• A labour contract may be terminated
– By agreement of the parties
– At the initiative of one of the parties
– Upon the expiry of the period
– Under circumstances not dependent upon the will of the parties
– On the grounds provided for in the labour contract
– In connection with the failure to elect (or failure to pass through the
competition) for a new term or refusal to participate in an election (or
competition)

28. Article 115 – Normal Duration of the Work
Time
• The normal duration of work time for an employee may
not exceed 40 hours per week
• 6 day work week – not more than 7 hours per day
• 5 day work week- not more than 8 hours per day

29. Article 116 – Reduced Duration of Work Time
• A reduced duration of work time shall be established for
– Workers under 18
– Workers who are I and II group disabled persons
– Workers employed in work with unfavorable conditions of labour
– Workers having a special character of work
– Women having children up to three years of age and working in institutions
and organizations financed from the budget

30. Article 121 – Duration of Work on Eve of
Holidays (or Non-Work Days)
• The duration of daily work (or
shift) on the eve of holidays (or
non-work days) shall be reduced
for all workers by not less than one
hour

31. Article 124 – Overtime Work
• Work in excess of the duration of daily
work (or shift) established for an employee
is considered to be overtime
• Overtime work may be applied with the
consent of the employee
• In the event of the duration of a work for 12
hours as well as in jobs with especially
grave and harmful conditions of work,
overtime work will not be permitted

32. Article 128 – Duration of
Leisure Time
• The duration of daily leisure between the end of
work and its commencement the following day
(or shift) may not be less than 12 hours

33. Article 131 – Holidays (Non-
Work Days)
• Holidays shall be
– 1 January
– 8 March
– 21 March
– 9 May
– 1 September
– 1 October
– 8 December
– First day of the religious holiday “Ruza Khaiit”
– First day of the religious holiday “Kurban Khaiit”

34. Annual Leave (Ежегодный
отпуск)
• The duration of an annual basic leave (ежегодный
основной отпуск) shall not be less then 15 work days
(Article 134 of LCU)
• Extended annual basic leave shall be granted to (Article 135
of LCU)
– Persons under 18: 30 calendar days
– Working disabled persons of the I and II group: 30 calendar days

35. Article 143 – Procedure for Granting
Leaves
• Annual basic leave for the first work year shall be granted upon the
expiry of six months of work
• The work year shall be calculated from the date of commencement of
work under the labour contract
• Until the expiry of 6 months leave, can be granted at the wish of the
employee to:
– Women: before leave for pregnancy and birth and after it
– Disabled persons of the I and II groups
– Persons younger than 18 years
– Military servicemen, discharged into the reserve, and who have
commenced the work
– Persons holding two jobs: simultaneously with leave from the principal
place of work
– Persons studying without interruption from the production if they want
take their annual leave when taking exams, assessments and others
– Employees dismissed owing to Article 100, paragraph 2

36. Article 146 – Division of Leave
into Parts
• At the wish of the employee on the
basis of a written application the
division of leave into parts can be
permitted
• In doing so, one of the parts of the
leave must be not less than 12 work
days

37. Article 148 – Payment of Leaves
• Payment shall be guaranteed to a worker for
the period of annual leaves in the amount of
not lower than average earnings
• Payment of leave shall be paid within the
periods established by the collective
contract but not later than the last work day
before the commencement of the leave

38. Article 149 – Social Leaves
• Social leaves
– For pregnancy and birth
– For care for children
– In connection with study
– Creative leaves

39. Article 224 – Guarantees when Hiring
Pregnant Women and Women Having
Children
• It will be prohibited to refuse to hire women and
to reduce their earnings for reasons connected
with pregnancy or presence of children.
• In the event of a refusal to hire a pregnant
woman or woman having a child of up to three
years of age, the employer shall be obliged to
communicate the reasons to her for the refusal in
writing
• A refusal to hire the said persons may be
appealed to a court

40. Article 228-1 – Right of Woman Having Children up to
Three Years of Age and Working in Institutions and
Organizations Financed from the Budget to Reduced
Duration of Work Time
• The duration of work time shall be
established as not more than 35 hours
per week for women having children
up to 3 years of age and working in
institutions and organizations
financed from the budget
• Payment will be made in the same
amount

41. Article 230 – Additional Day off
• One additional day off per month with
payment of the daily earnings thereof at the
expense of State social security shall be
granted to one of the parents (or trustee,
guardian) or person nurturing a disabled
child until he reaches 16 years of age

42. Article 233 – Leaves for
Pregnancy and Birth
• Leaves for pregnancy and birth for a
duration of 70 calendar days before birth
and 56 (in the event of complicated births or
of the birth of two or more children -
seventy) calendar days after birth with
payment of a benefit under state social
insurance shall be granted to womeon

43. Reading
• Labour Code of Uzbekistan