Remote work, also known as teleworking, has gained traction in Uzbekistan in recent years. While a comprehensive remote work law doesn't exist yet, regulations have been established to address remote work arrangements during specific situations.

Legal Regulations

The primary legal framework is the "Regulation on the temporary procedure for transferring workers to remote work, on a flexible working schedule or at home during the period of quarantine measures". This regulation, introduced during the COVID-19 pandemic, defines teleworking and outlines employer and employee responsibilities for temporary remote work setups.

Key points:

• Definition: Teleworking is performing work duties outside the employer's location under the employer's control.
• Employer responsibilities:
  • Provide equipment and communication tools (if not employee-owned) with an additional agreement to the employment contract.
  • Ensure adherence to safety regulations outlined in labor legislation.
• Employee responsibilities:
  • Safeguard provided equipment and compensate for any damage.

This regulation addresses temporary remote work situations and might not encompass long-term arrangements.

Technological Infrastructure Requirements

Uzbekistan's technological infrastructure is developing, but reliable internet connectivity can be a challenge, particularly outside major cities. Employers considering remote work should assess:

• Employee internet access: Reliable internet speed is crucial for effective remote work. Employers may consider subsidizing internet costs or requiring a minimum internet speed in employment contracts.
• Communication tools: Secure video conferencing platforms, project management software, and cloud storage solutions are essential for collaboration and communication.

Employer Responsibilities

In the absence of a comprehensive remote work law, employers have a certain degree of flexibility in designing remote work policies. However, general labor laws still apply. Here are some key employer responsibilities to consider:

• Employment Contract: Clearly outline remote work arrangements in the employment contract, including working hours, communication protocols, and equipment provisions (if applicable).
• Performance Management: Establish clear performance metrics and regular communication to ensure employee productivity while working remotely.
• Health and Safety: While the aforementioned regulation mentions safety regulations, employers should still encourage ergonomic workspace setups and advise employees on taking breaks to prevent health concerns.
• Data Security: Implement data security measures like strong passwords and encryption to safeguard company data accessed by remote employees.

Uzbekistan's labor market is becoming more flexible, with a growing interest in various flexible work arrangements. However, specific regulations addressing these arrangements are still under development.

Part-Time Work

Part-time work involves employees working a predetermined schedule with fewer hours compared to a full-time position. The Labor Code of the Republic of Uzbekistan (1995) establishes general rights and protections for all employees, regardless of work schedule. Part-time employees are entitled to proportionate wages and benefits based on their working hours, paid vacation time based on worked hours, and protection from discrimination based on employment type. Specific regulations regarding minimum working hours for part-time positions might be introduced in future labor law updates.

Flexitime

Flexitime allows employees to adjust their start and finish times within a designated working day, often with core working hours where everyone is required to be present. There are no legal restrictions on implementing flexitime in Uzbekistan. However, employers should establish clear guidelines within employment contracts specifying core hours and communication expectations during flexible work periods.

Job Sharing

Job sharing involves two or more employees sharing the responsibilities of one full-time position. Similar to flexitime, specific job-sharing regulations don't exist yet. Employers can formalize job-sharing arrangements through individual employment contracts for each employee involved, outlining responsibilities, working hours, and compensation for each position.

Equipment and Expense Reimbursements

Currently, there are no legal mandates for employers to reimburse equipment or internet expenses for flexible work arrangements. However, employers can design their own policies regarding these aspects. Employers may choose to provide essential equipment (computers, phones) or offer a stipend for employees to purchase their own. Reimbursement for internet access or phone charges can be offered at the employer's discretion and outlined within the employment contract.

The rise of remote work in Uzbekistan has brought data protection and privacy to the forefront as crucial concerns for both employers and employees. While there isn't a specific data protection law in place yet, general principles can be derived from existing legislation.

Employer Obligations

Employers have a duty to safeguard employee and company data. This involves implementing reasonable security measures like password policies, encryption protocols, and secure storage solutions such as cloud storage with appropriate access controls. This duty can be inferred from Article 91 of the Constitution of the Republic of Uzbekistan (1992), which guarantees the right to privacy, including the confidentiality of personal information.

Transparency is another obligation of employers. Employees have the right to know what data is being collected about them, how it's being used, and with whom it's being shared. Employers should provide a clear privacy policy outlining these details.

Training is also crucial. Remote employees should be trained on data security protocols to minimize risks of data breaches or misuse. This can help fulfill the employer's duty of care towards employee data.

Employee Rights

Employees have the right to request access to their personal data held by the employer. Similar to transparency, this right is not yet explicitly established in law but aligns with recognized privacy principles.

Employees also have the right to request correction of any inaccurate personal data. This right can be inferred from the general right to privacy outlined in the Constitution (Article 91).

Best Practices for Securing Data

Implementing strong password policies and encouraging regular password changes for all accounts is a good practice.

Advising employees to avoid using public Wi-Fi networks for work purposes and to utilize a virtual private network (VPN) when working remotely can also help secure data.

Limiting the amount of data remote employees have access to and restricting access only to what's required for their job duties can minimize risks.

Encrypting sensitive data both in transit and at rest is another best practice.

Maintaining regular backups of data to ensure recovery in case of a breach is also recommended.

Finally, establishing a clear procedure for reporting data breaches or suspected data security incidents can help manage and mitigate risks.