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GUARANTEES OF EMPLOYMENT RIGHTS OF CITIZENS IN THE
REPUBLIC OF UZBEKISTAN
Begatov Jasurbek
The Institute of State and Law of the
Academy of Sciences PhD
Bektemirova Zukhra
Student of Tashkent pediatric medical
institute
Annotatsiya:
Tadqiqot maqsadi O‘zbekiston Respublikasida fuqarolarning mehnat qilish
huquqining tashkiliy-huquqiy asoslarini yoritib berishdan iborat. Mehnat qilish huquqi
insonlarning eng muhim iqtisodiy huquqlaridan biri hisoblanadi. Bugungi kunda jamiyatida
insonlarni mehnat qilish huquqining kafolatlanganligi va ta’minlanganligi davlat siyosati
darajasiga ko‘tarilgan. Mehnat qilish huquqi insonning asosiy va ajralmas huquqlaridan biridir.
Maqolada yangi qabul qilingan mehnat kodeksining o‘ziga xos jihatlari haqida ham ma’lumot
berilgan.
Kalit so‘zlar:
jismoniy shaxs, mehnat qilish, ijtimoiy himoya, ishsizlik, murojaat, davlat
organi, qonun, ijtimoiy adolat, imtiyozlar.
Abstract:
The purpose of the study is to clarify the organizational and legal foundations
of the right to work of citizens in the Republic of Uzbekistan. The right to work is one of the most
important economic human rights. Today, guaranteeing and ensuring the human right to work in
society has risen to the level of state policy. The right to work is one of the fundamental and
inalienable human rights. The article also provides information about the features of the newly
adopted Labor Code.
Keywords:
person, work, social protection, unemployment, appeal, state div, law, social
justice, benefits.
Аннотация:
Цель исследования - уточнение организационно-правовых основ права
на труд граждан в Республике Узбекистан. Право на труд является одним из важнейших
экономических прав человека. Сегодня гарантирование и обеспечение права человека на
труд в обществе поднялось на уровень государственной политики. Право на труд
является одним из основных и неотъемлемых прав человека. В статье также
представлена информация об особенностях вновь принятого Трудового кодекса.
Ключевые слова:
физическое лицо, работа, социальная защита, безработица,
обращение, государственный орган, закон, социальная справедливость, льготы.
Today, thanks to the reforms implemented in the field of employment of the
population in Uzbekistan, systematic work is being carried out in the field of
freedom of work, employment of the population and provision of employment.
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The social policy implemented in the field of employment of the population
is, first of all, to ensure that our citizens work and thereby lead a decent life. A
regulatory and legal mechanism was created, based on the principles of freedom of
choice of profession for every citizen, free choice of profession, non-
discrimination of forced labor and work in fair working conditions. In particular,
the State Fund for Employment Assistance of the Republic of Uzbekistan and the
organization of its activities, the implementation of the state policy in the field of
employment and labor protection, as well as the financing of the measures for the
effective operation of district (city) employment assistance centers of the Cabinet
of Ministers It is carried out in accordance with the procedure established by the
Regulation "On the formation and use of funds of the State Fund for Employment
Assistance of the Republic of Uzbekistan", approved by the decision No. 117 of
April 20, 2016. Our legislative system on employment of the population is aimed
at quickly providing employment to citizens temporarily deprived of work and
labor income, and in case it is not possible to provide other guarantees provided by
law in a timely manner.
Forced labor, i.e. forcing to perform work by
threatening to apply some punishment, is prohibited, except for the cases
established by law. Freedom of work allows people not to engage in any work,
except to work in the profession of their choice. The law does not establish any
responsibility for not engaging in labor activities.
Citizens who are looking for a job and apply to the labor authorities have the
right to receive free professional advice, vocational training, retraining,
professional development, and relevant information in order to freely choose the
work order, workplace, and labor regime. The state provides assistance to
temporarily unemployed citizens who are fit for work and willing to work. State
bodies assisting in employment must offer acceptable work to citizens who apply
for employment assistance. If no job is found in the field of professional activity,
the citizen can be declared unemployed and receive the appropriate amount of
unemployment benefits. From the age of sixteen to the age of receiving the right to
pension, without a job or salary, registered with the local labor div as a job
seeker, training and retraining for work, profession People who are able to work
and are ready to improve their skills are recognized as unemployed.
Unemployment benefit is granted to a person recognized as unemployed
from the date of registration with the local labor agency as a job seeker. An
unemployed man under the age of thirty-five with up to three dependents is granted
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unemployment benefits if he participates in paid public works in accordance with
the procedure determined by the Cabinet of Ministers of the Republic of
Uzbekistan. The right of an unemployed person to receive benefits comes into
force from the eleventh day after the time of registration as a job seeker. In order to
ensure the employment of the population in our country, to eliminate the
discrimination of the rights of women and girls in the field of employment, at the
same time, to ensure the equal rights of men and women, the following
opportunities will be created:
a) work as an inalienable right of all human beings;
b) having the same opportunities in employment, at the same time, applying the
same selection criteria in employment;
d) work, including free choice of occupation or type of work, promotion and job
security, as well as apprenticeships, advanced vocational training and regular
training full use of all benefits and conditions of employment, vocational training
and retraining;
e) equal remuneration, taking into account benefits, under equal conditions for
work of the same value, as well as an equal approach to evaluating the quality of
work [1, 8-9];
The right to work, enshrined in Article 37 of the Constitution of the Republic
of Uzbekistan, is the basis of all human rights and freedoms. This right, expressed
in the Constitution of the Republic of Uzbekistan: firstly, citizens can freely choose
the profession they want; secondly, getting a job according to one's ability; thirdly,
getting paid according to the volume and quality of work; fourth, to work under
fair working conditions and to be protected from unemployment in accordance
with the law; fifth, it means providing the necessary tools for labor protection. It
assigns the state the task of providing employment to citizens based on their skills,
knowledge and qualifications. The right to work of the citizens of Uzbekistan was
enriched with new privileges and rules with the honor of independence and
independence. Every citizen has the right to work and use its results, including the
right to use their skills for productive and creative work, free choice of work,
favorable working conditions, minimum wage guaranteed by the state and
protection against unemployment, equal work, has the right to equal pay without
discrimination. In the process of establishing a democratic, humane civil society in
the Republic of Uzbekistan, a necessary condition for the development of the state
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and society is the right to work guaranteed by the Constitution and current laws,
which is the source of increasing the wealth of the society[2, 304].
In order to guarantee the labor rights of citizens in Uzbekistan, the labor code was
adopted in a new version. The new version of the law, which creatively uses the
legislation of modern countries compatible with the market economy, was adopted
on October 28, 2022. The new code defines the following main principles of legal
regulation of individual labor relations:
• equality of labor rights, prohibition of discrimination in the field of work and
training;
• freedom of labor and prohibition of forced labor;
• social partnership in the field of labor;
• the guarantee of the provision of labor rights and the fulfillment of labor
obligations;
• preventing the deterioration of the employee's legal status.
These changes have created a mechanism for the protection of socially
needy categories of the population in today's "self-sufficiency system" of the
market economy, improving the social condition of people. The state provides
additional guarantees for the employment of socially needy categories of the
population, the establishment of specialized organizations, including organizations
for the employment of persons with disabilities, the organization of special
retraining and skill improvement programs, and the establishment of the minimum
number of jobs. In the newly revised labor code, the following were included in the
socially needy categories of the population:
- single parents with children under 14 years of age, children with disabilities, as
well as parents in large families;
- young people who have completed general secondary and secondary special
educational organizations, vocational schools and colleges and technical institutes
and have a profession;
- Graduates of "Mehribonlik" houses, as well as graduates of higher education
organizations who received education on state grants;
- Persons discharged from military service in the forces of the Ministry of Defense,
Internal Affairs, Emergency Situations, National Guard, State Security Service;
- Persons with disabilities;
- Persons of pre-retirement age (two years before the statutory retirement age);
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- Persons who have been released from penal institutions or persons who have been
subjected to coercive medical measures according to the court's decision;
- Victims of human trafficking [3].
The state provides additional guarantees for employment to the above
categories. One of the main innovations in this code is the extension of the
minimum annual basic work leave from 15 days to 21 calendar days. The Code
prohibits giving the employee's personal data to other persons without his consent.
This is undoubtedly the basis for the protection of personal privacy.
According to the chapter of the Constitution of the Republic of Uzbekistan
defining the economic and social rights of citizens, every person has the right to
work, freely choose a profession, work in fair working conditions and be protected
from unemployment in accordance with the law. In addition to other specified
cases, the prohibition of forced labor (Article 37), the right to rest for all employed
citizens and the determination of working hours and the duration of paid vacations
by law (Article 38), as well as the Republic of Uzbekistan In the Labor Code, the
guarantees of the state in the implementation of the right to work (Article 58) are
strengthened. However, despite the fact that the protection of labor rights of
citizens is guaranteed at the level of the Constitution and laws, illegal situations
such as forced labor, use of child labor, and human trafficking were noticed. Helga
Konrad, the representative of the OSCE on combating human trafficking, said that
every year 200,000 to 500,000 people are trafficked to Western European
countries. 60% of them are women, 40% are men. The representative notes that the
profit from human trafficking is 10-15 billion dollars every year. Human
trafficking is a criminal chain that must be fought from the smallest link to the last.
Only then can success be achieved. Human trafficking is both a matter of criminal
law and protection of human rights at the same time [3, 58].
As a result of the drastic measures taken today, the burden of forced labor
and a number of other similar evils in the society has decreased significantly.
International organizations have recognized the fact that guarantees of the right to
work, which is one of the priorities of human rights, have been defined as one of
the main directions of state policy, and as a result of the changes made in the
system, the cases of forced labor have decreased significantly.
At the meeting held by the President of the Republic of Uzbekistan Sh.
Mirziyoyev with the members of the Constitutional Commission on the adoption of
the new constitution, it was noted that creating decent working conditions and
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reducing poverty are the main goals of the constitutional reforms, emphasized
According to the additions to Article 37 of the Draft Constitutional Law of the
Republic of Uzbekistan "On Amendments and Additions to the Constitution of the
Republic of Uzbekistan" submitted for public discussion, decent work for
everyone, While the right to fair and non-discriminatory remuneration for work is
guaranteed, it is stipulated that the minimum amount of remuneration for work
should be sufficient for a person and his family to live. The above-mentioned
constitutional reforms are the basis for improving the social situation of the people
and raising it to a new level.
References:
1.
Karimov I.A. Jahon moliyaviy-iqtisodiy inqirozi, O‘zbekiston sharoitida uni
bartaraf etishning yo‘llari va choralari. - T.: O‘zbekiston, 2009.
2.
Mo‘minov, Abdulxay Rashidovich; Tillabayev, Mirzatillo Alisherovich. Inson
huquqlari: darslik/ A.R. Mo‘minov, M.A. Tillabaev; mas’ul muharrir A.X.
Saidov. - 2-nashr. - T.: Adolat, 2013.
3.
https://www.norma.uz/oz/qonunchilikda_yangi/yangi_mehnat_kodeksi_qabul_
qilindi
4.
Противодействие торговли людьми и защите прав женщин. Киев:
Украинский институт социальных исследований. 2000. – С. 58-82.
