March 24, 2022

Employment contracts on the territory of Uzbekistan

The activity of any enterprise is hard to imagine without its employees. In this article, we will look at the regulation of hiring, termination of an employment contract with an employee, and the consequences of termination of an employment contract in the Republic of Uzbekistan.

Labor relations in the Republic of Uzbekistan are regulated with the Labor Code of the Republic of Uzbekistan, the Law “On Labor Protection”, the Law “On Employment of the Population”, by-laws, as well as collective agreements, and other local regulations.

The competent authorities in the field of labor relations are the Cabinet of the Minister of the Republic of Uzbekistan, the Ministry of Employment and Labor Relations of the Republic of Uzbekistan and its territorial bodies, the Agency for External Labor Migration under the Ministry of Employment and Labor Relations of the Republic of Uzbekistan.

The procedure for concluding an employment contract:

  • An applicant needs to provide the following documents for work:
    • passport or another document replacing it;
    • an employment record book, except of persons starting work for the first time. Persons applying for part-time work, instead of an employment record book, present a certificate from the main place of work;
    • military ID or certificate of registration for conscripts;
    • a diploma of graduation from a higher or secondary specialized, vocational educational institution, a certificate for the right to perform this work or other relevant document when applying for a job, to which, in accordance with the law, only persons with special education or special training can be admitted.
  • Conclusion of an employment contract.

Sample employment contracts with director and accountant of LLC you may find here and here.

  • Registration of the order of the employment.
  • Commencement of work.

Termination procedure for an employment contract

  • Coordination of the termination of the employment contract on the initiative of the employer with the trade union committee or other representative body of employees.
  • Warning the other party with deadlines.

The employer is obliged to notify the employee in writing (against signature) of his intention to terminate the employment contract within the time limits established by the Labor Code.

  • Granting the preemptive right to remain at work upon termination of an employment contract due to a change in technology, organization of production and labor, a reduction in the amount of work that resulted in a change in the number (staff) of employees or a change in the nature of work.
  • Termination of an employment contract. Termination of an employment contract is made by persons who have the right to conclude an employment contract, and is formalized by order.
  • On the day of termination of the employment contract, the employer must issue the employee his employment record book and a copy of the order to terminate the employment contract.
  • Payments upon termination of an employment contract.
  • Salary;
  • Payment to the employee of all unused basic and additional leaves upon termination of the employment contract;
  • Additional guarantees of material support upon termination of the employment contract on separate grounds.
  • Additional guarantees of material support in the event of termination of an employment contract on separate grounds.
  • Penalties, if provided for in a fixed-term employment contract.

Consequences of Termination of an Employment Contract

(1) due to the expiration of the term of the employment contract

An employment contract is terminated at the end of its term. If, after the expiration of the term, the employment relationship continues and none of the parties demanded their termination within one week, then the contract is considered to be extended for an indefinite period.

Upon termination of the employment contract, payments must be made.

(2) due to early termination at the initiative of the employer

Termination of an employment contract at the initiative of the employer is legitimate on the basis of following grounds:

  • changes in technology, organization of production and labor, reduction in the volume of work, resulting in a change in the number (staff) of employees or a change in the nature of work, or the liquidation of the enterprise;
  • inconsistency of the employee with the work performed due to insufficient qualifications or health conditions;
  • systematic violation by the employee of his job duties;
  • one-time gross violation by an employee of his labor duties;
  • termination of an employment contract with part-time workers in connection with the hiring of another employee who is not a part-time worker, as well as due to the restriction of part-time work due to working conditions;
  • termination of an employment contract in connection with a change of ownership with the head of the given enterprise, his deputies, chief accountant;
  • an employee has reached the retirement age with the right to receive the state old-age pension.

An employment contract may provide for a mutual obligation of the parties to pay a forfeit in case of its early termination, according to which the employer pays a forfeit to the employee if the employment relationship was terminated on the initiative of the employer on grounds not related to the employee’s guilty actions. If the amount of the penalty is not specified in the employment contract, the parties are exempted from paying it.

Upon termination of the employment contract, payments must be made.

(3) In connection with early termination at the initiative of the employee

The employee has the right to terminate the employment contract before the expiration of its term by notifying the employer in writing two weeks in advance. During the warning period, the employee has the right to withdraw the submitted application. If, after the expiry of the warning period, the employment contract with the employee has not been terminated and the employment relationship continues, then the application for termination of the employment contract at the initiative of the employee becomes invalid, and termination of the employment contract in accordance with this application is not allowed.

An fixed-term employment contract may provide for a mutual obligation of the parties to pay a penalty in the event of its early termination at the initiative of one of the parties. If one of the parties refuses to pay the forfeit, its recovery is carried out in court. If the amount of the penalty is not specified in the fixed-term employment contract, the parties are exempted from paying it.

Upon termination of the employment contract, payments must be made.

Consequences of Recognizing Termination of an Employment Contract Illegal by the Court

In cases of illegal termination of an employment contract or illegal transfer to another job, the employee must be reinstated in his previous job by the employer himself, the court or other competent authority. At the same time, upon reinstatement at work, the employer is obliged to pay damages caused to the employee.