Terminating an employment contract in Uzbekistan is a regulated process with specific requirements for both employers and employees.

Grounds for Dismissal

Uzbekistan's Labor Code outlines lawful grounds for employers to terminate an employment contract:

• Mutual Agreement: This is the most straightforward option, where both employer and employee agree to terminate the contract.
• Employee Initiated: Employees have the right to resign by providing written notice in accordance with the notice period stipulated in the employment contract or labor code (minimum of two weeks).
• Employer Initiated: Employers can terminate an employment contract for various reasons, including:
  • Employee misconduct: This could include violations of work discipline, absenteeism, or poor performance. However, the employer must have documented evidence to support the termination.
  • Redundancy: If there is a reduction in workforce due to economic reasons, technological advancements, or company restructuring, employers can initiate termination.
  • Employee's health: If an employee's health condition renders them unfit to perform their job duties, termination might be necessary, with proper medical documentation.

Uzbekistan strictly regulates termination by employers, and unfair dismissal can be challenged in court.

Notice Requirements

The length of notice required for termination of employment depends on the initiating party and the reason for termination:

• Employee Notice: Employees are generally required to provide a minimum of two weeks' written notice to their employer of their intention to resign.
• Employer Notice: For employer-initiated termination (except for gross misconduct), the notice period can vary depending on the circumstances:
  • Two months' notice: This applies in cases of staff reduction due to economic reasons or company restructuring.
  • Two weeks' notice: This is required if the termination is due to employee performance issues that don't constitute gross misconduct.

Severance Pay

The requirement for severance pay in Uzbekistan depends on the reason for termination:

• Mandatory Severance: Employees are entitled to one month's salary in severance pay if the termination is due to reasons beyond their control, such as company closure or redundancy due to economic reasons.
• No Severance Pay: Employers are not obligated to provide severance pay if the termination is due to employee misconduct or if the employee resigns voluntarily.

Collective bargaining agreements might stipulate different termination procedures or severance pay than those outlined in the Labor Code. It's crucial for employers to comply with the notice period requirements to avoid legal disputes.

Uzbekistan's legal framework regarding anti-discrimination is evolving. While there isn't a single comprehensive anti-discrimination law, certain protections exist within the Constitution and other legal acts.

Protected Characteristics

The Uzbek Constitution guarantees equal rights and freedoms for all citizens without discrimination. However, specific characteristics protected from discrimination are not explicitly defined within the Constitution.

Discrimination Based on

While a definitive list is unavailable, articles within the Labor Code indirectly prohibit discrimination based on a few characteristics during employment processes:

• Sex: The Labor Code prohibits restrictions on the rights and freedoms of employees based on sex.
• Race or Ethnicity: The Criminal Code outlines punishment for intentional infliction of insult or humiliation based on race or ethnicity.

Redress Mechanisms

If an employee feels discriminated against, they can pursue the following options:

• Internal Complaint Procedures: Many larger companies have established internal grievance procedures for employees to report discrimination concerns.
• Labor Inspectorate: Employees can file a complaint with the State Labor Inspectorate, which investigates workplace violations.
• Court System: Employees can also seek legal recourse through the court system if they believe they have been discriminated against. However, navigating the court system can be complex and time-consuming.

Employer Responsibilities

While there's no single law mandating specific anti-discrimination policies, employers should strive to create a fair and inclusive workplace environment. Here are some recommended actions:

• Develop Anti-Discrimination Policies: Implementing a clear policy prohibiting discrimination in all its forms and outlining a complaint procedure demonstrates an employer's commitment to fair treatment.
• Diversity and Inclusion Training: Educating managers and employees on diversity and inclusion can foster a more respectful work environment.
• Recruitment and Selection Process: Ensuring fair and objective recruitment practices that evaluate candidates based on qualifications helps mitigate potential bias.

Important Considerations

• The legal landscape surrounding anti-discrimination is developing in Uzbekistan. Staying updated on relevant legal developments is crucial for employers.
• International treaties ratified by Uzbekistan, like the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), also influence anti-discrimination practices, even if not directly reflected in domestic law.

Uzbekistan's Labor Code establishes the legal framework for working conditions, ensuring a balance between employee well-being and productivity.

Work Hours and Rest Periods:

The legal standard for a workweek in Uzbekistan is 40 hours, spread across no more than six working days. The maximum daily working hours depend on the workweek structure:

• Six-Day Workweek: Daily work hours are capped at 7 hours.
• Five-Day Workweek: Daily work hours can extend to 8 hours.

The working day is shortened by one hour on the day preceding a non-working day (typically Sunday). Employees are entitled to rest and break periods during the workday:

• Lunch Break: A minimum uninterrupted lunch break of at least 30 minutes is mandated.
• Short Breaks: Additional short breaks throughout the workday might be stipulated within internal company policies or collective bargaining agreements.

Ergonomic Requirements:

The Uzbek Labor Code doesn't explicitly outline detailed ergonomic requirements. However, it emphasizes the importance of safe and healthy working conditions for employees. Employers have a general responsibility to provide a workplace environment that minimizes the risk of work-related injuries and illnesses.

This indirectly encourages employers to consider ergonomic principles in workplace design and equipment selection. Additionally, hygiene and safety standards are established by separate regulations overseen by the State Sanitary Epidemiological Supervision.

Important Considerations:

• Collective bargaining agreements between employers and employee unions might include more specific ergonomic requirements tailored to the workplace and industry.
• Consulting with occupational health and safety specialists can advise employers on implementing ergonomic best practices.

Uzbekistan prioritizes worker safety through a framework of health and safety regulations. These regulations outline employer obligations, employee rights, and the role of enforcement agencies in creating secure work environments.

Employer Obligations:

• Safe Work Environment: The Uzbek Labor Code mandates employers to provide a workplace free from health and safety hazards. This includes implementing measures to prevent accidents, occupational diseases, and work-related injuries.

• Risk Assessments: Employers are required to conduct regular risk assessments to identify potential hazards in the workplace. These assessments should consider various factors like machinery, chemicals, work processes, and the work environment itself.

• Training and Instruction: Employers must provide adequate training and instruction to employees on safe work practices specific to their job roles and the identified workplace hazards.

• Personal Protective Equipment (PPE): When necessary, employers must furnish employees with appropriate personal protective equipment (PPE) and ensure proper use and maintenance.

• Accident Reporting and Investigation: Employers have a legal obligation to report workplace accidents and conduct investigations to determine the cause and prevent future occurrences.

Employee Rights:

Employees in Uzbekistan have the right to a safe and healthy work environment. This includes:

• Refusal of Unsafe Work: Employees have the right to refuse work they believe is unsafe or poses a health risk.

• Access to Information: Employees are entitled to access information on health and safety hazards present in the workplace and safety procedures implemented.

• Reporting Concerns: Employees can report any health and safety concerns to their supervisors or relevant authorities without fear of reprisal.

Enforcement Agencies:

The Ministry of Labor of the Republic of Uzbekistan is the primary government body responsible for enforcing health and safety regulations in workplaces. They conduct inspections to ensure compliance and can impose fines or other penalties on employers who violate the regulations.