Statute

State Labour Inspectorate

I. General Provisions

  1. This Regulation determines status, main tasks, functions, rights, duties and responsibilities, as well as the procedure for organizing the activities of the State Labour Inspectorate of the Ministry of Employment and Labour Relations of the Republic of Uzbekistan (hereinafter referred to as the Inspectorate).
  2. The Inspectorate is a structural unit of the Ministry of Employment and Labour Relations of the Republic of Uzbekistan (hereinafter - the Ministry).
  3. In its activities, the Inspectorate is guided by the Constitution and laws of the Republic of Uzbekistan, decrees of the chambers of the Oliy Majlis of the Republic of Uzbekistan, decrees, resolutions of the President of the Republic of Uzbekistan, resolutions of the Cabinet of Ministers of the Republic of Uzbekistan, these Regulations and other legislative acts.
  4. The Inspectorate carries out its activities directly and through its territorial inspectorates in cooperation with government and economic management bodies, local government bodies and other organizations.
  5. The activities of the Inspectorate are funded by the State Budget of the Republic of Uzbekistan, the State Fund for Employment Support of the Republic of Uzbekistan and the Fund for the Incentives for Workers and Strengthening the Material and Technical Base of Labour Bodies (hereinafter referred to as the Labour Incentives Fund).
  1. The subject of state supervision and control in the field of labour and labour protection is compliance by employers in the process of carrying out their activities with the requirements of labour legislation, labour protection, employment of the population, mandatory insurance of civil liability of the employer, social protection of persons with disabilities in terms of creating working conditions persons with disabilities to ensure unhindered access to social infrastructure, as well as to use all types of transport ortnymi communications, by means of public communication and information, and other normative legal acts containing norms of labour law regulations in the field of technical regulations on health and safety and labour standards.

State supervision and control in the field of labour, employment and labour protection is carried out in relation to:

   - state bodies and institutions, legal entities, individuals registered in the prescribed manner as individual entrepreneurs and engaged in entrepreneurial activities without forming a legal entity who entered into labour relations with citizens, as well as individuals who are not individual entrepreneurs who entered into labour relations with citizens for the purpose of personal service and assistance in housekeeping (hereinafter referred to as employers);

     - citizens of the Republic of Uzbekistan, foreign citizens and stateless persons who entered into labour relations with employers (hereinafter referred to as employees).

II. The main tasks and functions of the Inspectorate

7. The main tasks of the Inspectorate are as follows:

implementation of state supervision and control over the observance by organizations, regardless of the legal form, the requirements of the legislation in the field of ensuring compliance and protection of labour rights of citizens, as well as safe conditions and labour protection

continuous analysis of the state of labour protection in country, causes of industrial injuries and occupational diseases, the development of ways to eliminate them;

systematic analysis of agreements and local labour acts, orders of employers on labour relations for their compliance with the law;

implementation of continuous monitoring and protection of the rights of subjects of labour relations stipulated by the legislation on labour, employment and labour protection;

implementation of state control over the quality of certification of workplaces for working conditions;

implementation of state control over the observance of legislation on social protection of persons with disabilities in terms of creating working conditions for persons with disabilities in order to ensure unhindered access to social infrastructure facilities, as well as to use all types of transport, transport communications, public communications and information;

together with interested ministries, departments and public organizations, organization of development and implementation measures to prevent and completely eradicate forced labour, including by bringing to justice the guilty officials in accordance with the law;

providing advisory and methodological assistance to employees and employers, including business entities, on application and compliance with labour legislation and labour protection, carrying out preventive work to prevent industrial accidents and accidents at work;

carrying out wide awareness-raising activities among legal entities and individuals on the need to respect the labour rights of citizens and ensure safe conditions and labour protection;

participation in development and implementation of government programs, regulations and other documents in the field of labour relations and labour protection, as well as proposals and measures to ensure the rights of citizens to decent and safe working conditions.

8. In accordance with the assigned tasks and subject of state supervision and control in the field of labour and labour protection, the Inspectorate performs the following functions:

1) in the field of state supervision and control over compliance by organizations, regardless of their organizational and legal form, the requirements of legislation in the field of ensuring the observance and protection of labour rights of citizens, as well as safe conditions and labour protection:

carries out verification of compliance by employers and officials with the requirements of legislation on labour and labour protection, employment of the population and mandatory insurance of civil liability of the employer in order to ensure the constitutional right to work, to fair and safe working conditions and protection against unemployment;

in accordance with the procedure established by law, monitors and timely responds to facts of non-compliance with labour legislation and labour protection, employment, mandatory insurance of employer's civil liability, including legislation on social protection of persons with disabilities in terms of creating working conditions for persons with disabilities to ensure unhindered access to the objects of social infrastructure, as well as for the use of all modes of transport, transport communications, public communications and information;

conducts analysis of agreements and local labour acts, orders of employers on labour relations for their compliance with the law;

monitors fulfillment of obligations under collective agreements;

carries out state supervision and control over the quality of certification of workplaces for working conditions, establishment of reduced working hours, annual additional leave for work in adverse working conditions, controls the examination and conducts an examination of working conditions, issues a corresponding opinion on its results;

carries out state supervision and control over the correct application of the List of Works with Unfavorable Working Conditions, on which the use of women’s work is prohibited, and the maximum permissible loads for women when they lift and move weights;

carries out cameral control over the implementation of legislation in the field of compliance and protection of labour rights and labour protection of citizens;

exercises state supervision and control over the correct application of the List of Works with Adverse Working Conditions, on which the use of labour by persons under eighteen years of age is prohibited, and the limits for lifting and moving weights by persons under eighteen years of age;

ensures maintenance of unified register of professional participants of the labour protection services market, assists in training and certifying their specialists in occupational safety and health;

in line with legal requirements, carries out monitoring of activities of professional participants of labour protection services market and prepares proposals for improving their activities, including improving quality of the services they provide;

controls correct provision of means of individual and collective protection of workers, instruments for monitoring working environment, as well as providing benefits and compensation to employees for work in adverse and special working conditions and takes the necessary measures to ensure their availability;

controls, in accordance with the procedure established by law, employers pay for compensation for harm caused to the life and health of employees;

carries out, in cooperation with interested authorities, certification of labour protection works in organizations for their compliance with labour protection requirements;

takes appropriate necessary measures to prevent and eliminate revealed violations of the law in accordance with the subject of state supervision and control in the field of labour, employment and labour protection;

2) in field of conducting continuous analysis of the state of labour protection in country, causes of industrial injuries and occupational diseases, development of ways to eliminate them:

collects information and analyzes the causes of industrial injuries and occupational diseases, ensures the development of ways to eliminate them;

investigates, in accordance with the procedure established by legislation, industrial accidents and other injuries to the health of employees related to the performance of their job duties;

analyzes the causes of accidents at work and develops proposals for their prevention;

in accordance with the established procedure, takes measures to eliminate the revealed violations in the sphere of labour protection and safety;

3) in field of conducting systemic analysis of agreements and local labour acts, orders of employers on labour relations for their compliance with the law:

conducts analysis of agreements and local labour acts, orders of employers on labour relations for their compliance with the law;

monitors compliance with basic principles of agreements and local labour acts, orders of employers on labour relations for their compliance with the law;

registers, in a notification procedure, collective agreements signed by the parties, annexes to them;

provides conclusions when identifying non-compliance with legislation of agreements and local acts on labour and labour protection, orders of employers on labour relations;

4) in field of implementation of continuous monitoring and protection of the rights of subjects of labour relations stipulated by the legislation on labour, employment of the population and labour protection:

provides protection of labour rights of subjects of labour relations, including workers engaged in labour activity on conditions of home-based labour, and persons employed in personal subsidiary, dekhkan and farm enterprises;

takes on revealed facts of violation of labour legislation and labour protection, employment of the population and mandatory insurance of civil liability of the employer measures of legal response to eliminate and prevent conditions conducive to their occurrence;

renders assistance to trade unions and other representative bodies of workers in the implementation of their labour and labour protection legislation, employment of the population and mandatory insurance of the employer's civil liability, provided to them, and also monitors compliance with their employers;

based on the results of inspections, suspends the organization (its separate subdivisions) for a period of not more than ten days or the exploitation of the means of production that do not meet occupational safety requirements and endanger the health or life of workers until they comply with occupational safety requirements in the manner prescribed by law;

considers, if necessary, on-site visits of individuals and legal entities about violations of the law in accordance with the subject of state supervision and control in the field of labour and labour protection;

acts as an expert in court on claims of violation of labour legislation and labour protection, as well as on issues of compensation for harm caused to the life and health of workers at work;

5) in field of state control over the quality of certification of workplaces for working conditions:

supervises examination of working conditions and issues conclusions on its results;

carries out accreditation of legal entities carrying out certification of workplaces for working conditions and injury risk of equipment, as well as training and certification of their specialists in labour protection issues;

6) in field of state control over observance of legislation on social protection of persons with disabilities in terms of creating working conditions for persons with disabilities to ensure unhindered access to social infrastructure facilities, as well as to use all types of transport, transport communications, public communications and receiving Information:

checks compliance of organizations with legislation requirements on social protection of persons with disabilities within competence;

takes necessary measures to ensure organization of working conditions for persons with disabilities to ensure unhindered access to social infrastructure, as well as to use all modes of transport, transport communications, public communication and information;

organizes and conducts advocacy work in the media on the provision of conditions to persons with disabilities to ensure unhindered access to social infrastructure, as well as to use all modes of transport, transport communications, public communication and information;

participates in the development, coordination and approval in the prescribed manner of draft regulations on the social protection of persons with disabilities;

7) in the field of organization, together with interested ministries, departments and public organizations, to develop and implement measures to prevent forced labour and discrimination in labour relations and to bring guilty officials to justice:

organizes jointly with interested ministries, departments and public organizations development and implementation of measures to prevent and completely eradicate forced labour, including by bringing to justice the guilty officials in accordance with the law;

controls the implementation of the norms of the legislation of the Republic of Uzbekistan to ensure the guaranteed labour rights of workers through the timely identification and elimination of possible risks of the use of forced labour in any form;

exercises control over the observance of labour rights and guarantees stipulated by the legislation for certain categories of workers (women, minors, students of higher and secondary special, vocational educational institutions, persons with disabilities, persons dismissed from the ranks of the Armed Forces, etc.);

applies legal response measures for each revealed fact of the use of forced labour and discrimination and informs the relevant state authorities on the facts of violation of the law;

8) in the field of providing advisory and methodological assistance to employees and employers, including business entities, on application and observance of labour and labour protection legislation, on preventive work to prevent industrial accidents and industrial accidents:

ensures implementation and operation of hotlines to provide practical, advisory and methodological assistance on matters that are within the competence of the Inspectorate;

maintains statistical reports on problematic issues received by the hotlines, analyzes them and develops proposals for the elimination of problematic and negative factors, including the activities of inspectors;

9) in the field of conducting wide informational and explanatory work among legal entities and individuals on the need to respect the labour rights of citizens and ensure safe conditions and labour protection:

provides maintenance of thematic pages on official website of the Ministry, placement of electronic booklets and methodological information, including visual one, to prevent and completely eradicate forced labour and discrimination in labour relations, perforing work to prevent industrial accidents and accidents at work;

conducts scientific and practical conferences, seminars with the involvement of foreign experts, trainings and round tables for specialists of organizations and the public;

PR and outreach work in media and among population on labour relations and application of labour legislation, labour protection, employment, mandatory insurance of employer's civil liability, social protection of disabled by creating working conditions and ensuring unhindered access to social infrastructure;

10) in the field of participation in development and implementation of state programs, legal acts and other documents in labour relations and protection, proposals and measures to ensure the rights of citizens to decent and safe working conditions:

analyzes and summarizes materials of inspections and monitoring conducted on compliance with labour legislation and protection, employment and mandatory insurance of the employer's civil liability;

in accordance with the established procedure prepares and submits to the Minister of Employment and Labour Relations of the Republic of Uzbekistan relevant information on identified issues of law enforcement practice and proposals for their overcoming;

continuous analysis of current legal acts on labour and labour protection, employment and other acts containing labour norms to ensure observance and protection of labour rights and interests of workers, working conditions and safety in course of their work, if needed, proposals for amendments and additions to the legislation;

prepares proposals for improvement of labour legislation and labour protection, employment of the population and mandatory insurance of civil liability of the employer;

participates in development of state and other programs for labour protection;

participates in development of draft regulations and documents in field of labour and labour protection, employment of the population and mandatory insurance of the employer's civil liability;

cooperates with international organizations, including the International Labour Organization, on implementation of the ILO Conventions into national legislation.

9. The Inspectorate may perform other functions provided for by law.

III. Rights, duties and responsibilities of the Inspectorate

10. To perform the assigned tasks and functions, officials of the Inspectorate have the right to:

receive from state and other bodies, organizations and their officials required documents, explanations, information, statistical data and references necessary to perform supervisory and control functions;

request and receive from the Ministry of Health of the Republic of Uzbekistan, the Ministry of Construction of the Republic of Uzbekistan, the Uzbek Agency for Standardization, Metrology and Certification, the State Inspectorate for Supervision of the Geological Study of Subsoil, safe conduct of work in industry, mining and household sector under the Cabinet of Ministers of the Republic of Uzbekistan ("Sanoatgeokontekhnazorat" SI) and the State Inspectorate for Supervision in the Electric Power Industry information related to investigation of accidents with industrial accidents and identifying occupational diseases, occupational injuries, as well as on working conditions;

get access to database of state and economic authorities and organizations in field of labour, labour protection, employment, mandatory insurance of civil liability of employer, social protection of disabled on creating working conditions to ensure unhindered access to social facilities infrastructure, as well as for the use of all modes of transport, transport communications, public communications and information, other regulatory legal acts containing labour law norms, regulatory documents on technical regulation of labour protection and labour standards necessary for implementation of tasks assigned to the Inspectorate;

conduct off-site monitoring of implementation of legislation on compliance and protection of labour rights;

give mandatory warnings to state and other bodies, organizations and their officials, and to employer citizens;

carry out inspections and examinations of compliance by state organizations and institutions with requirements of legislation on labour and labour protection, employment of the population;

carry out inspections of compliance with requirements of labour legislation and labour protection, employment based on the decision of the authorized body to coordinate inspections of activities of business entities

conduct, on the basis of appeals of individuals and legal entities, written appeals of state tax service bodies, without prior approval by special authorized bodies, unplanned short-term (no more than one working day) checks by organizations, regardless of their organizational and legal forms, requirements of legislation on employment, labour and labour protection, without interfering with financial and economic, as well as any other activities of business entities not related to with a check;

draw up acts of inspections and send binding instructions to managers and other officials of organizations to eliminate violations of law in accordance with the subject of state supervision and control in the field of labour, employment and labour protection as per Annex 1 to these Regulations;

investigate (participate in investigations of) accidents at work and other damages to the health of workers associated with the performance of their job duties;

carry out proceedings on cases of administrative offenses, consider cases falling within the competence of the Inspectorate, and apply administrative penalties;

study documents and other materials related to compliance with labour legislation, labour protection, employment, mandatory insurance of civil liability of employer and social security of the disabled;

control execution of mandatory instructions issued to managers and other officials of organizations to eliminate violations of law in accordance with subject of state supervision and control in labour protection;

suspend, in the established order, the effect of orders and other acts of organizations that contradict the legislation on labour and labour protection, employment of the population and mandatory insurance of civil liability of the employer, in necessary cases, make instructions on their cancellation in the prescribed manner;

suspend the activities of organizations or the operation of equipment that do not meet the requirements of occupational safety and endanger the life or health of workers in the manner prescribed by law;

prohibit the use of non-compliant certificates or declarations of conformity or personal protective equipment and collective protective equipment that do not meet the requirements of labour protection;

to participate in the commission for the commissioning of completed construction, reconstruction of facilities and, if they do not comply with the requirements of labour protection legislation, to issue relevant conclusions;

initiate administrative cases for non-compliance with the requirements for creating conditions for persons with disabilities for unhindered access to social infrastructure facilities, as well as for use of rail, air, water, intercity road transport, all types of urban and suburban passenger transport, transport communications, public communication facilities and information;

suspend, in the established order, the effect of orders and other acts of organizations that contradict the legislation on labour and labour protection, employment of the population and mandatory insurance of civil liability of the employer, in necessary cases, make instructions on their cancellation in the prescribed manner;

suspend activities of organizations or operation of equipment that do not meet the requirements of occupational safety and endanger life or health of workers in the manner prescribed by law;

prohibit the use of non-compliant certificates or declarations of conformity or personal protective equipment and collective protective equipment that do not meet the requirements of labour protection;

participate in commissioning of completed construction, reconstruction of facilities and, if they do not comply with the requirements of labour protection legislation, to issue relevant conclusions;

initiate administrative cases for non-compliance with requirements for creating conditions for persons with disabilities for unhindered access to social infrastructure facilities, as well as for use of rail, air, water, intercity road transport, all types of urban and suburban passenger transport, transport communications, public communication facilities and information;

prepare and send documents on bringing the perpetrators to justice, including criminal responsibility, to law enforcement agencies and to the court, in accordance with the legislation of the Republic of Uzbekistan;

bring guilty officials to administrative responsibility, in accordance with the procedure established by the legislation, with drawing up a protocol on violation of the law and a decision on imposing a fine for violation of the legislation on labour and employment, on labour protection and mandatory insurance of civil liability of the employer in accordance with Annexes 2 and 3 to this Regulations;

send warnings to state and other bodies, organizations and their officials, as well as to employers' citizens on inadmissibility of violation of labour and employment legislation, labour protection, mandatory insurance of the employer's civil liability and social protection of persons with disabilities, if there is information about upcoming offenses, clarifying responsibility for committing such an offense;

make submissions to higher-level organizations and law enforcement agencies on elimination of violations of labour and employment legislation, labour protection, mandatory insurance of employer's civil liability and social security of persons with disabilities, and conditions conducive to their occurrence, with proposals for adoption of order of measures related to organizations and officials guilty of violating the above legal acts;

file a lawsuit in court regarding consideration of labour dispute between organization and employee (workers) or another body on matters within the competence of the Inspectorate;

act as experts in court in cases of violation of labour legislation and labour protection, compensation for harm caused to life and health of workers at work;

develop and submit to the Ministry proposals for improvement of current legislation in accordance with the subject of state supervision and control;

consider, in line with law, appeals of workers and other subjects of labour relations in part related to labour and employment legislation, labour protection and mandatory insurance of the employer's civil liability;

invite representatives of organization to participate in consideration of appeals of employees and other subjects of labour relations;

carry out an examination of working conditions in organizations and issue an appropriate opinion in the manner and time specified by law;

take part in work of National examination commissions and state and economic management bodies in conducting certification of labour protection issues for executives and specialists of organizations;

make proposals on removal from work of persons who have not undergone, in the prescribed manner, training, instruction and examination of knowledge on labour protection.

Inspectorate officials may have other rights in accordance with the law.

  1. Officials of the Inspectorate in the exercise of their powers in accordance with the subject of state supervision and control in the field of labour and labour protection have following duties to:

timely and fully execute the powers granted in accordance with legislation to prevent, detect and stop violations of mandatory requirements of the legislation on labour and employment, labour protection and mandatory insurance of the employer's civil liability;

comply with the laws and regulations of international treaties, the rights and legitimate interests of legal entity, individual entrepreneur being checked;

not interfere with the head, other official or authorized representative of the employer, government authorities who expressed a desire to be present during the inspection, and to give explanations on matters relating to the subject of the audit;

provide the manager, other official or authorized representative of the legal entity, the individual entrepreneur, his/her authorized representative who is present during the audit, with information and documents relating to the subject of the audit;

acquaint the manager, another official or an authorized representative of a legal entity, an individual entrepreneur, his/her authorized representative with the results of the audit;

when determining measures taken on the facts of violations detected, consider compliance of these measures with severity of violations, their potential danger to human life, health, animals, plants, environment, state security, threat of natural and man-made emergencies, as well as prevent unreasonable restriction of the rights and legitimate interests of citizens, including individual entrepreneurs, legal entities;

prove validity of their actions when they are appealed by legal entities, individual entrepreneurs in the manner prescribed by law;

comply with the procedure and timing of inspections in accordance with the law.

  1. Officials of the Inspectorate exercising state supervision and control in the field of labour and labour protection in accordance with its subject matter, in exercising their powers, are independent of state bodies and are guided by the Constitution and legislation of the Republic of Uzbekistan.
  2. Officials of the Inspectorate for ineffective performance of tasks and functions assigned to them, as well as for unlawful actions or omissions, are responsible in the manner prescribed by law.

                                                                   IV. Organization of work of the Inspectorate and its employees
  3. The organizational structure of the Inspectorate consists of state legal labour inspectors, state technical inspectors for labour protection, main state expert the working conditions of the Ministry, inspectorates of the Republic of Karakalpakstan, Main Departments of Employment of provinces and the city of Tashkent (hereinafter referred to as territorial employment departments), state legal labour inspectors of district (town) centres to employment support.

When applying for a job in the Inspectorate, candidates pass a mandatory two-week introductory and adaptation course based on the National advanced training courses for employees of labour agencies.

Inspection employees are trained in National advanced training courses for employees of labour agencies at least once every three years.

  1. The Inspectorate is headed by the Head appointed and dismissed by the Minister of Employment and Labour Relations of the Republic of Uzbekistan

The head of the Inspectorate is also the Chief State Labour Inspector of the Republic of Uzbekistan.

A person with a higher education who has a work experience in the labour system or labour protection for at least three years may be appointed to the post of Head of the Inspectorate.

Decisions of the Head of the Inspectorate, taken in accordance with the legislation within the limits of the competence granted to him, can be canceled only in a court of law.

  1. Head of the Inspectorate:

has two deputies, i.e. Deputy Head of the Inspectorate, who is also the Chief State Legal Labour Inspector, and Deputy Head of the Inspectorate, who is also the Chief State Technical Inspector on Labour Protection, respectively appointed and dismissed by the Minister of Employment and Labour Relations of Uzbekistan;

in his/her activities, it submits and reports to the supervising deputy Minister of Employment and Labour Relations of the Republic of Uzbekistan.

  1. A person with a law degree and work experience of at least three years may be appointed to the post of Deputy Head of the Inspectorate - Main State Legal Labour Inspector of the Ministry.

A person who has at least three years of higher specialized technical education and experience may be appointed to the post of Deputy Chief of the Inspectorate - Chief State Technical Inspector of Labour Protection of the Ministry.

  1. Officials of the Inspectorate with authority to exercise state supervision and control over compliance with legislation on labour protection, mandatory insurance of civil liability of employer, and social protection of persons with disabilities in terms of creating working conditions for persons with disabilities for unhindered access to social infrastructure facilities are:

Head of the Inspectorate of the Ministry, at the same time being Chief State Labour Inspector of the Republic of Uzbekistan;

Deputy Head of the Inspectorate - Chief State Technical Inspector of Labour Safety of the Ministry;

State Technical Inspector of Labour Protection of the Ministry;

Chief State Expert on Working Conditions of the Ministry;

Head of the Territorial Inspectorate - Chief State Labour Inspector of the territorial department of employment;

Deputy Head of the Territorial Inspectorate - Chief State Technical Inspector on Labour Protection of the Territorial Department of Employment;

State Technical Labour Protection Inspectors of territorial employment offices.

  1. Inspectorate officials with the authority to exercise state supervision and control over compliance with labour and employment laws are:

Head of the Inspectorate of the Ministry, at the same time being Chief State Labour Inspector of the Republic of Uzbekistan;

Deputy Head of the Inspectorate - Chief State Legal Labour Inspector of the Ministry;

State Legal Labour Inspectors of the Ministry;

Head of the Inspectorate - Chief State Labour Inspector of the territorial employment department;

Deputy Head of the Inspectorate - Chief State Legal Labour Inspector of the territorial department of employment;

State Legal Labour Inspector of the territorial employment department;

State Legal Labour Inspectors of district (town) employment support centres.

The Deputy Head of the Inspectorate – Chief State Legal Labour Inspector of the territorial employment department, as well as State Legal Labour Inspectors of district (town) employment support centres are assigned the functions of legal adviser.

  1. The Inspectorate operates on the basis of work plans approved by the Minister of Employment and Labour Relations of the Republic of Uzbekistan.
  2. To carry out the tasks assigned, Head of the Inspectorate:
    a) carries out general management, coordinates activities of all lower-level inspections of territorial employment offices;
    b) hear reports of Heads of the territorial divisions of the Inspectorate at leance once a quarter;
    c) reviews, amends and cancels previously issued orders, representations, resolutions and other acts of state labour inspectors and state experts on working conditions;
    d) takes measures to continuously improve capacity and qualifications of state labour inspectors, within his/her authority, provides instructions binding on the territorial divisions of the Inspectorate;
    e) ensures proper execution of orders and instructions of the Ministry;
    f) bears personal responsibility for timely and high-quality implementation of tasks and functions assigned to the Inspectorate, proper implementation of the rights granted to it and the assigned duties;
    g) submits following documents to the Minister of Employment and Labour Relations of the Republic of Uzbekistan:

draft regulations and other documents on issues falling within the competence of the Inspectorate;

proposals for changes in organizational and staff structures of the Inspectorate and its territorial divisions;

representations on appointment and dismissal of Heads of inspectorates of territorial departments of employment;

proposals for assignment of ranks to relevant employees of the Inspectorate having higher legal education;

proposals on encouraging employees of the Inspectorate, presenting them for state awards;

monthly reports on performance of the Inspectorate;

h) within his/her competence, provide instructions on organization of activities of the Inspectorate, including those aimed at organizing special investigation of industrial accidents mandatory for all employees of the Inspectorate;
j) organizes effective distribution of duties of the Inspectorate employees, including engaging certain of them who perform certain functions, in other works assigned to the Inspectorate;
i) exercises other powers in accordance with the law and these Regulations.

22. In the absence of the Head of the Inspectorate, his/her authority is exercised by one of his/her deputies by order of the Minister of Employment and Labour Relations of the Republic of Uzbekistan.

23. The Head of the Inspectorate reviews, modifies and repeals previously issued orders, submissions, resolutions and other acts of state labour inspectors and state experts on working conditions.

The Inspectorate on issues within its competence, after a decision has been taken by the judicial authorities, does not provide additional conclusions and explanations.

  1. Inspectorates of territorial departments of employment are structural divisions of these territorial departments of employment.

Inspectorates of territorial employment offices are headed by the Heads of Inspectorates (Chief Labour Inspectors), appointed and dismissed by the Minister of Employment and Labour Relations of the Republic of Karakalpakstan, heads of the Main Employment Departments of the regions and the city of Tashkent upon the recommendation of the Inspectorate of the Ministry

Persons with higher education and work experience in specialty for at least three years may be appointed to the posts of chief state labour inspectors of territorial administrations.

The Head of the Inspectorate of the Territorial Administration for Employment is accountable for activities to the Head of the relevant Territorial Administration for Employment and the Inspection of the Ministry.

  1. Heads of territorial inspections within the respective territories:

manage territorial Inspectorate, coordinate activities of state legal labour inspectors, state technical inspectors for labour protection of territorial employment offices and district (town) employment support centres;

have the right to consider and, in case of detection of violations, modify or cancel previously issued orders, submissions and orders, as well as other acts of lower state labour inspectors;

ensure proper implementation of instructions of the Ministry, the Inspectorate, orders, directives and requirements of the management of territorial departments of employment;

within their powers, give instructions and instructions to the employees of the territorial Inspectorate, which are binding;

bear personal responsibility for timely and high-quality implementation of tasks and functions assigned to the territorial Inspection;

perform other powers in accordance with the legislation of the Republic of Uzbekistan and decisions of higher authorities.

  1. Territorial inspections submit monthly reports on their activities to the Inspectorate of the Ministry in the prescribed manner no later than the 5th day of the month following the reporting period.
  2. State Legal Labour Inspectors, State Technical Inspectors for Labour Protection and State Experts on Labour Conditions of territorial Inspectorates are appointed and dismissed by Head of the Territorial Employment Department upon recommendation of the Inspectorate of the Ministry of Employment and Labour Relations.

A person with a higher legal education may be appointed to the position of State Legal Labour Inspector of District (town) Employment Promotion Centre.

The State Legal Labour Inspectors of District (Town) Employment Support Centres simultaneously serve as the legal adviser to these employment support centres.

State Legal Labour Inspectors of District (Town) Employment Support Centres in their activities are accountable to the director of the relevant district (town) Centre for the promotion of employment.

  1. State Legal Labour Inspectors within the respective districts (towns) ensure proper implementation of instructions from the Ministry, territorial inspectorates, orders, directives and requirements of management of territorial employment offices and district (town) employment support centres and are personally responsible in the manner prescribed by law.
  2. The State Legal Inspectors of the District (Town) Employment Support Centres submit monthly reports on the work done to the higher authority - relevant territorial inspectorate no later than the 3rd day of the month following the reporting period.
  3. Officials of the Inspectorate, carrying out state supervision and control in the field of labour, employment and labour protection in accordance with its subject, have a certificate of a single sample, approved by the Ministry.

The State Legal Inspectors of the District (Town) Employment Support Centres submit monthly reports on the work done to the higher authority - the relevant territorial inspection no later than the 3rd day of the month following the reporting period.

  1. Certificates of admission to inspections of economic entities of a prescribed type to officials of the Inspectorate are issued by the Ministry on the basis of the results of relevant certification.
  2. In accordance with the legislation, a probation period of up to three months is established for persons who first come to work in the Inspectorate.

Persons undergoing probation may be dismissed from the Inspectorate in the manner prescribed by law:

upon the presentation of the management of the Inspectorate units, if their non-compliance with the requirements is found;

at the initiative of the person who came to work (voluntarily, for family reasons and other valid reasons).

The order for employment is announced to the employee under the painting.

  1. A person may not be employed by the Inspectorate if this person:

Is recognized by a court decision incompetent or partially capable;

has not expired criminal record;

was dismissed from law enforcement, judicial and other government agencies or other organizations for committing derogatory acts.

  1. Employees of the Inspectorate must comply with the rules of professional ethics approved by the Minister of Employment and Labour Relations of the Republic of Uzbekistan

Violation of the rules of professional ethics of an employee of the Inspectorate entails disciplinary and other liability established by law.

The promotion of workers in the service is made in accordance with their business and personal qualities, the results achieved in the assigned areas of work, the level of professional preparedness.

  1. In order to prevent corruption and other abuses, systematic study of personal and business qualities of employee, effectiveness of his/her activities, and formation of a pool of personnel with qualifications and experience in various areas of the Inspectorate’s activities, rotation of employees is carried out.

Rotation of persdonnel can be carried out, as a rule, after three years of being in a position held, as advised by the head of the Inspectorate.

The procedure for the rotation of workers is approved by the Minister of Employment and Labour Relations of the Republic of Uzbekistan.

  1. To determine employee’s appropriateness of employment for the position held in the manner and within the timeframe determined by the Regulations on the procedure for certification, approved by the Minister of Employment and Labour Relations of the Republic of Uzbekistan, certification shall be carried out.

During the certification, professional suitability and conformity of employee being to position held are considered, and proposals made for further service and assignment of the next class rank (qualification).

The attestation of workers is carried out by the Attestation Commission of the Ministry, in accordance with the Regulations on the procedure for attestation, approved by the Minister of Employment and Labour Relations of the Republic of Uzbekistan.

  1. The Inspectorate has an official form.
  2. Inspectorate conducted by employees of the Inspectorate, including involvement of Inspectorate employees to inspections (investigation teams) carried out by supervisory and law enforcement agencies, are carried out on the basis of the order of the head of the relevant labour authority, followed by mandatory registration in the institutional electronic information system "Monitoring Labour Legislations".

At the same time, the term of attraction (secondment) of the employees of the Inspectorate to inspections (investigation teams) is not more than ten working days per month.

  1. Funds received from administrative fines imposed by the Inspectorate are sent to the Material Incentive Fund, with the exception of deductions of 10 percent of the amount of fines imposed in the prescribed manner for violating legislation on the social protection of persons with disabilities, as well as for non-compliance with the minimum number of jobs for the employment of persons with disabilities.

The Heads of labour agencies and employees of the Inspectorate are monthly rewarded on the basis of order of the Minister of Employment and Labour Relations of the Republic of Uzbekistan of up to 10 percent of amount of fines imposed on administrative offenses applied, but not more than 100 minimum wages.

V. Assignment and deprivation of class ranks and categories

40. Inspectors of the Inspectorate with a higher legal education are equated with employees of the legal service of state bodies and organizations, with the extension to them of the procedure for assigning class grades.

41. The ranks of the Inspectorate employees are assigned in a sequential order with a higher legal education, positive certification, in accordance with qualifications and work experience, taking into account the position held, special titles conferred in previous place of work or service, as proposed by the Minister of Employment and Labour of the Republic of Uzbekistan in order to assign class ranks to employees of the judiciary.

The following class ranks are assigned to employees of the Inspectorate with higher legal education:

1st class Counselor of Justice;

2nd class Counselor of Justice;

3rd Counselor of Justice;

1st class lawyer;

2nd class lawyer;

3rd class lawyer.

  1. Employees of the Inspectorate are assigned ranks corresponding to this particular post.

1st class Counselor of Justice – to the Head of the Inspection of the Ministry;

2nd class Counselor of Justice – to the Deputy Head of the Inspectorate - Chief State Legal Labour Inspector of the Ministry, Heads of Inspections of Territorial Departments of Employment;

3rd Counselor of Justice – to the State Legal Labour Inspector of the Ministry, Deputy Heads of Inspections of Territorial Departments of Employment;

1st class lawyer – to the State Legal Labour Inspectors of Territorial Employment Departments;

2nd and 3rd class lawyers – to the State Legal Labour Inspectors of District (town) Employment Support Centres.

Employees, when employed by the State Legal Labour Inspector of the District (Town) Employment Support Centres with a higher legal education, are given the rank of the 3rd class lawyer.

For employees who do not have experience in relevant qualifications, the rank is assigned no earlier than 6 months upon appointment to the position.

  1. The categories of professionalism of the Inspectorate employees are assigned in a sequential order in the presence of higher engineering and technical education, positive certification, in accordance with the qualifications and work experience.

Employees with higher engineering and technical education are assigned following categories of professionalism:

Second Category Technical Inspector;

First Category Technical Inspector;

Highest Category Technical Inspector.

Categories of professionalism are assigned as follows:

Highest Category Technical Inspector - the head of the Inspectorate of the Ministry;

First Category Technical Inspector – to the Deputy Head of the Inspectorate - Chief State Technical Inspector of Labour Protection, Chief State Expert on Labour Conditions and State Technical Inspector of Labour Protection of the Ministry, Head of the Inspectorate of Territorial Administration of Employment;

Second Category Technical Inspector – to the Deputy Head of the Inspectorate - Chief State Technical Inspector for Labour Protection and State Technical Inspector for Labour Protection of the Territorial Department of Employment.

VI. The procedure for remuneration and material incentives for employees of the Inspectorate

44. Funding for Inspection employees are carried out at the expense of:

budget allocations provided in cost estimates;

funds of the Labour Incentive Fund, which are formed in the established manner;

other sources not prohibited by law.

  1. The remuneration of the Inspectorate personnel is funded:
    a) at the expense of the State Budget of the Republic of Uzbekistan and includes:

official salary of employees of labour authorities in accordance with the approved categories for the Unified Wage Scale;

ration of labour incentives to official salary of civil servants in size and manner established by law;

monthly allowances to official salary for long service in amount established for employees of the Ministry;

payments in form of material incentives for workers in the amount of 15 percent of the wage fund at the expense of the Special Material Incentive Fund;

bonus in amount of a two-month payroll fund once a year;

financial assistance in amount of a monthly payroll once a year;

additions to official salary for class rank or category in accordance with Annexes 4 and 5 to this Regulations;

b) at the expense of the Labour Incentive Fund and includes:

incentive and other payments:

personal allowances in double the size of the salary of employees, providing the highest performance indicators;

monthly premiums of up to 10 percent of the amount of fines imposed on administrative offenses applied, but not more than 100 minimum monthly wages;

employee benefits for initiative and conscientious fulfillment of official duties and high achievements in labour in amount of a 2-month payroll fund once a year based on an individual assessment of their activities;

awards for holidays - the days of Independence, the Constitution, March 8, the Navruz holidays, the New Year, the religious holidays “Ruza Khayit” (Eid-al-Fitr) and “Kurban Khayit” (Eid-al-Adha) in the amount of up to twice the size of the official salary;

awarding in connection with significant and anniversary dates, for long and impeccable service (work), as well as upon retirement;

monthly payments in the form of reimbursement for food - in the double amount of the minimum wage;

monthly payments in the form of reimbursement for travel - twice the minimum wage for all employees of the Inspectorate, with the exception of employees, for whom official vehicles are assigned;

monthly payment for years of service.

  1. Material incentives for employees of the Inspectorate may also be done in other forms prescribed by law.
  2. Monthly personal allowances to employees of the Inspectorate are approved by the Minister of Employment and Labour Relations of the Republic of Uzbekistan by recommendation of the supervising Deputy Minister.
  3. The established allowances may be canceled or reduced in cases of deterioration in quality of work, failure to ensure timely completion of tasks, violation of labour and executive discipline.
  4. In case of death of an employee, material assistance (if it was not provided directly to the employee in the year of his death) is paid to the spouse, and in case of her (his) absence - to adult children or legal representatives (guardians, carers) or adopters of minor children (persons with disabilities from childhood - regardless of age), as well as persons who are dependent workers, or parents in equal shares, if the workers are unmarried and have no children.
  5. On the basis of a motivated statement by employee, with consent of the head of the higher division, additional material assistance may be provided at the expense of the Labour Promotion Fund in the following cases:

death of close relatives - based on a copy of the death certificate;

in case of special or urgent need (accident, wedding and other events, accident, special treatment and restoration of health, in connection with a long illness (including a family member), as well as a hard circumstances (financial situation in the family, etc.).

  1. The reimbursement of the employee’s expenses, the amount and payment of material assistance do not depend on the disciplinary status of the employee.

    VII. Stimulation of employees of the Inspection

  2. The employees of the Inspectorate may enjoy stimulative allowances for initiative, conscientious and exemplary performance of official duties.
  3. Measures to stimulate the Inspectorate employees are as follows:

thanks;

cash bonus;

cancellation of previously imposed penalty before its expiration;

gift or valuable gift;

assignment of extraordinary or regular class rank, category of professionalism before the set deadline.

Employees may also be awarded a diploma of the Minister of Employment and Labour Relations of the Republic of Uzbekistan and the Republican Council of the trade union of employees of state institutions and public services.

For special services, employees can be presented with state awards.

Wages, bonuses, bonuses, allowances and other payments provided for by the wage system are not included in the types of incentives.

  1. Incentives for employees of the Inspectorate who have disciplinary penalty may be applied only in the form of cancellation of previously imposed disciplinary penalty.
  2. The stimulation is formalized by order announced to the awarded employee, and, if necessary, is communicated to all employees of the Inspectorate. A copy of the order of encouragement is attached to the personal file of the employee.

    VIII. Application of disciplinary sanctions against employees of the Inspectorate
  3. Disciplinary sanctions against employees of the Inspectorate are applied for failure to perform or improper performance of official duties or for misconduct discrediting the title of employee of the Inspection.
  4. When a disciplinary sanction is applied, a service check may be authorized, if required.

The application of disciplinary sanction against employee is carried out in the manner prescribed by law.

During the period of the performance check, the employee may be temporarily, but for a period of not more than a month, suspended by relevant order from performance of his/her duties in exercise of control and supervisory functions.

  1. The presence of disciplinary sanction is a circumstance that hinders increase of the employee’s position or assignment of next class rank (category), as well as/her his inclusion (finding) in the reserve pool for senior positions.
  2. An appeal against disciplinary sanction applied to employee may be addressed to the Minister of Employment and Labour Relations of the Republic of Uzbekistan or the Head of the Inspectorate.

The appeal is considered within fifteen days from the date of its receipt, and in cases where additional verification is required no later than one month from the date of its receipt.

The appeal does not suspend force of the disciplinary sanction.

IX. Pool of personnel of the Inspectorate

60. A staff reserve pool is formed in the Inspectorate.

The main purpose of staff reserve pool is to ensure admission to the Inspectorate of persons possessing required professional skills, promotion of employees with sufficient level of management skills and practical experience to senior positions for professional and effective implementation of the assigned tasks.

The formation and work with the reserve pool of the Inspectorate is carried out on the basis of the principles of collegiality and objectivity.

  1. Priority areas of activity in the formation and maintenance of work with personnel reserve are as follows:

admission to the Inspectorate of persons meeting requirements defined by these Regulations;

increasing level of theoretical knowledge, practical and information-analytical skills, improving business and professional qualities of employees, assisting them in learning modern ICT achievements;

selection of the most responsible, qualified and trained employees to higher positions and inclusion to the personnel reserve;

assistance in organizing retraining and education of employees enrolled in the personnel reserve pool, enhancing their management skills;

system planning and organization of promotion of employees.

As a rule, employees from the reserve pool are appointed to senior positions in the Inspectorate system.

  1. The personnel reserve pool of the Inspectorate consists of:

reserve candidates for employment with the Inspectorate;

personnel reserve for the posts of chief inspectors and inspectors of territorial departments of employment;

personnel reserve for posts of heads and deputy heads of structural units, and equivalent to them in territorial departments of employment, state labour inspectors of the district (town) employment support centres.

  1. The criterion for admission to the reserve of managerial personnel is possession of the skills and qualities necessary to perform the tasks assigned to the employees of executive positions in the Inspectorate system.

Employees who conscientiously perform official duties, have appropriate outlook, theoretical knowledge, positive personal and business skills, practical experience in various positions and organizational and analytical skills , firmness, integrity and sense of responsibility, can be included in the reserve personnel pool for the posts of chiefs of central and territorial inspectorates.

  1. Candidates to the pool are included by the Head of the Inspectorate, his/her deputies and Heads of Inspectorates of the territorial departments of employment, and by attestation commissions of labour agencies.
  2. Work with personnel reserve is conducted on systemic basis, regardless of existing vacancies. The composition of the personnel reserve for management positions is formed at least once a year.

The pool for posts of the Head of the Inspectorate, the Deputy Heads of the Inspectorate, the heads of the Inspectorates of the territorial employment departments, and specialists of the Central Office of the Inspectorate is formed in coordination with the HR Department of the Ministry and approved by the Minister of Employment and Labour Relations of the Republic of Uzbekistan

The pool for other positions in the Inspectorate is approved by territorial departments of employment.

The pool of candidates for employment in the Inspectorate is formed by the Inspectorate and territorial departments of employment from among graduates of higher educational institutions who meet the requirements of these Regulations.

  1. The Inspectorate officials responsible for the formation of the reserve pool are fully responsible for proper organization of work to nominate candidates for the personnel reserve and its objective formation.

Formation and work with the pool are carried out in line with these Regulations and in accordance with the orders of the Minister of Employment and Labour Relations of the Republic of Uzbekistan.

X. Final provisions

67. Failure to comply with prescriptions, instructions, submissions and other acts of the Inspectorate, as well as interfering with the Inspectorate’s activities and exerting any kind of influence on its employees to impede the lawful fulfillment of the tasks and functions entrusted to them, entails responsibility established by law is prohibited and leads to the responsibility set by the law.

The procedure for assigning categories to other employees of the Inspectorate based on the results of the certification and taking into account their position is determined by the Ministry.