Hiring an employee

Hiring an employee in Uzbekistan is generally allowed from the age of 16. Persons under the age of 18 may be employed only after a preliminary mandatory medical examination.

The process of hiring an employee in Uzbekistan involves several stages, all aimed at ensuring a fair and transparent process for both the employer and the employee. Here are the key steps involved:

1. Introductory Procedure: The hiring process begins with an introductory procedure where the employer is obligated to familiarize the prospective employee with the nature of the work, working conditions, internal labor regulations, and the collective agreement, if one exists.
2. Application and Selection: The applicant submits the required documents, which include a passport or ID card, diploma, labor book, personal identification and pension book, and certificates from previous employers. This is followed by an interview conducted by the employer, and possibly a competition, depending on the nature of the job and the employer's requirements.
3. Contract Negotiation and Signing: Once a candidate is selected, the next step is reaching an agreement on the terms of the employment contract. The employment contract is a legally binding document that outlines the rights and responsibilities of both the employee and the employer. It must include mandatory conditions like place of work, job function, start date, compensation, contract duration, working hours, and rest time.
4. Medical Examination (if required): Certain categories of employees, such as those under 18, men over 60 and women over 55, disabled people, and those working in specific industries or conditions, are required to undergo a preliminary medical examination. This ensures they are physically fit for the role and the working environment.
5. Official Employment Order: After the contract is signed and the medical examination is completed (if required), the employer issues an official order confirming the employment of the individual. This order serves as a formal record of the employment agreement.
6. Registration and Documentation: The final step involves registering the employment contract in the unified national labor system my.mehnat.uz and updating the employee's labor book, recording their employment details, and familiarization of the employee with the internal labor regulations and the collective agreement (if one exists) under the signature
7. Probation: The hiring process might also involve probation period to assess the employee's suitability for the job. The details of the probation and its duration shall be clearly outlined in the employment contract.

Who can be an employer

The following entities and individuals may act as employers in Uzbekistan:

• Organizations, regardless of the form of ownership and departmental subordination
• Branches, representative offices or other separate subdivisions of organizations
• Individual entrepreneurs
• Citizens who hire domestic workers to help run the household

Invitation to work

If the employer sent an invitation to a citizen (or a foreign person) with an offer of employment, the employer is not entitled to refuse to hire him during the validity period of the invitation, and if the period is not specified in the invitation, then within 1 month from the date of sending the invitation.

An invitation is the direct, clearly expressed consent of the employer to conclude an employment contract with a person. The invitation can be sent in writing or electronically.

Medical examination of an employee

The employer is obliged to organize a preliminary medical examination for the following persons when concluding an employment contract:

• Persons under the age of 18
• Men who have reached the age of 60 and women who have reached the age of 55
• Individuals with disabilities
• Employed in jobs with unfavorable working conditions, night work, as well as work related to the movement of vehicles
• Employed in jobs in the food industry, trade and other industries that directly serve the population
• Pedagogical and other employees of educational institutions engaged in the education or upbringing of children

Probation period for an employee

An employee can be hired with probation period, which shall be paid for. In the absence of a clause in the employment contract on probation period, the employee is considered to be hired without probation period.

The period of the probation cannot exceed 3 months, and for heads of the organization, their deputies, chief accountants and heads of departments – 6 months. The period of the probation shall be included in the length of service which gives the right to annual paid leave.

Before the expiration of the probation period, the employer and the employee have the right to terminate the employment contract by notifying the other party in writing 3 days in advance.

Probation period may not be established, in particular, when hiring:

• Pregnant women and women with children under 3 years old
• Graduates of higher educational organizations who studied on the basis of state grants and entered work within 3 months from the date of graduation
• Graduates of general secondary and higher educational institutions entering work for the first time in their specialty within 1 year from the date of graduation
• Employees with whom an employment contract is concluded for a period of up to 6 months
• Persons with whom the employer previously terminated the employment contract, in case of their re-employment
• Persons under the age of 18

Probation period is not allowed when the employer transfers an employee to another job (position).

Refusal to hire

Refusing to hire is permissible when a job applicant fails to provide the necessary documents, the applicant does not meet the standards set by testing, or the applicant does not possess the required qualifications for the position.

Unlawful refusal to hire is not allowed. The refusal to hire shall be unlawful in the following cases:

• To persons invited by the employer to work
• For reasons related to pregnancy or having children
• Resulting from discrimination
• Due to a criminal record, including an extinguished and removed one (except for certain cases), or in connection with the criminal record of close relatives

A person who believes that he was unlawfully refused employment may appeal to court. When considering disputes, the burden of proving the legality of the refusal to hire rests with the employer.

Start of employment relationship

Labor relations between an employee and an employer arise upon signing an employment contract, or at the moment the employee is actually admitted to work by the employer in the event that the employment contract was not properly executed.

Labor relations with foreign persons begin provided that foreign persons obtain a work permit in the territory of Uzbekistan. See our article on work permits.

The employment contract should be concluded in writing in at least 2 copies. One copy is given to the employee. The receipt by the employee of a copy of the employment contract shall be confirmed by a signature of the employee on receipt on the copy kept by the employer.

An employment order shall be announced to the employee under the signature. The basis for the issuance of the order is the employment contract concluded with the employee.

The employee is obliged to start performing labor duties from the date specified in the employment contract. If the employment contract does not specify the starting date of work, then the employee must start work the next business day after signing the employment contract.

Employment contract

An employment contract is a written agreement between an employer and an employee. The employee shall personally perform a specific job function, work under the employer's direction and control, and adhere to internal workplace rules. The employer shall provide the employee with the agreed-upon work, pay wages on time and in full, and ensure working conditions comply with labor laws and the contract's terms.

The conclusion of an employment contract is subject to mandatory registration in the unified national labor system my.mehnat.uz within 5 working days from the date of conclusion of the employment contract.

An employment contract shall include the place of work, labor function, start date of work, terms of remuneration, duration of the employment contract, working hours and rest time, as well as other conditions that determine the nature of the work.

If, when concluding an employment contract, any of the mandatory conditions were not included in it, this shall not be a basis for recognizing the employment contract as not concluded. Nevertheless, the employment contract must be supplemented by signing an additional agreement on the missing terms of contract.

If the employment contract does not specify the start date of work, then the employee must start work the next business day after the employment contract enters into force. The employment contract enters into force from the date of its signing by the employee and the employer.

Duration of employment contract

An employment contract may be concluded for an indefinite period, or for a period of up to 3 years (fixed-term employment contract). The conclusion of a fixed-term employment contract with an employee must be justified taking into account the nature of the upcoming work or the conditions for its performance (seasonal work, temporary work, absence of the main employee, part-time work and others).

A fixed-term employment contract may also be concluded with the head, deputy heads, chief accountant of the organization.

If the employment contract does not specify its validity period, then the contract shall be considered concluded for an indefinite period.

Employment relationships under non-employment contracts

The conclusion of a non-labor contract (civil contract) with an employee that actually regulates (or masks) labor relations entails the review of the contract by the court. If a court recognizes that a civil contract effectively governs an employment relationship, the labor contract is considered concluded from the date the civil contract was signed. The relations of the parties shall be recognized as labor relations from the date this person began to perform the work stipulated in the contract.

Labor book and work experience

A labor book (employment record book) in paper or electronic form is the primary document for verifying an employee's work history, containing verified information about his work experience in Uzbekistan. An electronic labor book is generated and updated in the unified national labor system my.mehnat.uz.

Employers are responsible for ensuring that the information recorded in a labor book is accurate and complete, reflecting the employee's actual work history and any changes in their employment status.