Uzbekistan: innovations in the interests of man

The year 2023 was significant for the domestic sphere of labor because on April 30 last year, an updated code regulating labor relations based on a balance of interests of employees, employers and the state came into force in the republic.

It should be noted that in recent years the country has achieved significant success in ensuring human rights, honor and dignity, liberalizing the economy and entering world markets. Forced and child labor has been completely eradicated, and certain results have been achieved to ensure freedom of speech and conscience, and gender equality.
For the first time, the country's authorities recognized the existence of poverty in Uzbekistan and created an effective system to reduce it. By now, it has fully covered families in need of social support from the State.
The new version of the Constitution is a new collective agreement between society and the state. The norms regarding social obligations have tripled, which is the main change. The Basic Law stipulates separately that Uzbekistan is a welfare State. This requires compliance with certain rules when conducting state policy in the field of social security.
The necessary conditions are being created in the country for the development of the social service system and pensions, allowances and other types of social assistance are being established, which cannot be less than the officially established minimum consumer expenses. This increases the standard of living, the labor potential of citizens, preserves purchasing power, and strengthens health. 
In 2022, for the first time, the amount of pensions and social benefits will be brought to a level not lower than the minimum consumer spending. For example, if 500 thousand low—income families received social assistance in 2017, today it is more than two million families. The allocated funds increased sevenfold and reached 11 trillion soums per year.
A number of norms regulating the sphere of work are adopted. It should be noted that the updated Labor Code came into force in April last year. Due to structural changes, it includes a number of sections and chapters. The number of articles has increased to 581. One of the tasks of the code was to ensure a balance of interests, so some of the introduced changes will appeal to employees, while others will give more tools and opportunities to employers.
For example, if earlier the right to work was reflected in one, namely in article 37, now the norms have been expanded: articles 42, 43 and 44 reflect issues of decent work, protection from unemployment and the prohibition of forced labor.
Providing decent pay for work is an important socio—economic issue for every employee, in which it is necessary to strictly adhere to the criterion of fairness. Non—discrimination in the remuneration of employees is an important condition for ensuring fairness. Discrimination against employees with the same education, qualifications and skills, who perform work of the same kind and quality, is not allowed in remuneration.
The norm that an employee's salary should not be lower than the minimum wage is one of the important social guarantees. When determining the minimum wage (minimum wage) annually, the value of the minimum consumer expenses of families is taken as a basis. The amount of minimum wages, allowances and pensions increases annually in proportion to price increases.
The establishment of this norm in the Constitution allows citizens to receive decent wages for their work. It is important in ensuring a decent life, improving the standard of living of the population, and introducing the principles of social justice in the country.
Severe forms of child labour or forced labour are strictly prohibited in international labour documents and national legislation.
Thanks to systematic and effective reforms, child and forced labor have been completely eradicated in Uzbekistan.
Important steps are currently being taken to strengthen State policy in this direction at the constitutional level.
The minimum length of work leave has been extended — now it is 21 calendar days. Employees should receive additional vacation days for their work experience in a particular organization or industry. For every five years, an employee is granted two additional days of vacation, but no more than eight in total. Unused vacation does not burn out, and upon dismissal, an employee can receive compensation for all the vacations that he has retained.
Another norm is to postpone the day off if the holiday coincides with a non—working day off. For delayed payments — advance payments, salaries, vacation pay, severance pay, dismissal payments and others, the employer is directly financially responsible to the employee. For each day of delay, the employee will be paid a penalty in the amount of 10 percent of the Central Bank's basic rate.
The updated code defines the structure of an employee's salary, which includes bonuses, allowances, and additional payments. The norm is relevant when applying disciplinary punishment to an employee. Even if there is a "disciplinary", the employee is still required to pay bonuses, surcharges and allowances that are related to the results of his work and are established by the remuneration system, but incentive payments, for example, bonuses for anniversaries, holidays, have the right to refuse.
The Code regulates such aspects as the work of interns, mentoring, remote work, and others.
Chapter 20 of the new Labor Code regulates labor protection issues. The articles reveal the concept and requirements of labor protection, the funds and materials allocated by the employer for these activities, the specifics of legal regulation of relations in this area for certain categories of employees, the rights and obligations of an employee in the field of labor protection.
Some norms concerning the rights of the parties in terms of labor protection have not been established. Now it is forbidden to accept and transfer an employee to another job if there are contraindications for health reasons. It is established that the working conditions provided for in the employment contract must comply with the requirements of labor protection. Downtime is also paid until the danger to the life and health of the employee is eliminated. If the employee is not provided with personal protective equipment, the employer has no right to demand that the employee perform his work duties and is obliged to pay for the downtime that has arisen for this reason. The employee's refusal does not entail disciplinary liability.
Another norm has been introduced, which has not been regulated before. In case of an accident that occurred with a seconded employee, the organization of an investigation of an accident related to work activity is entrusted to the employer to whom the employee was seconded. For the damage caused to his health, financial responsibility is also assigned to the employer.
An additional measure for the protection of women's labor is reflected in article 393: the employer, in agreement with the trade union committee, has the right to establish a list of individual jobs with unfavorable working conditions in which the use of women's labor is limited.
Trade unions take an active part in the adoption of regulatory documents, without the consent of employee representatives, relevant acts are not drawn up.
Ensuring occupational safety and health is one of the most important areas in the activities of trade unions. By exercising public control, trade unions help ensure that workers have the right to free, decent and safe work.
We strive to implement an integrated approach that brings together all efforts and actions aimed at improving the effectiveness of the measures taken on occupational safety and health, including standard-setting activities, statistical data analysis and dissemination of information.

Nodira Gaibnazarova,
Head of the Labor Protection Department of the Staff of the Federation of Trade Unions of Uzbekistan,
Doctor of Philosophy in Technical Sciences (PhD)