In what cases is the use of minors' labor considered illegal and what responsibility is provided for such an offense?

19.06.2020

According to article 77 of the Labor code of the Republic of Uzbekistan, employment is allowed from the age of sixteen.

In order to prepare young people for work, students of secondary schools, specialized secondary schools and vocational schools should be given simple jobs that do not endanger their health and spiritual and moral development, as well as do not disrupt the educational process. Upon reaching the age of fifteen, they may be employed with the written consent of one of the parents or one of the persons replacing the parents.

Thus, the employment of minors who have not reached working age is illegal.

In addition, the use of a minor's labor in activities that may endanger his or her health, safety, or morals is also considered illegal use of a minor's labor.

Article 241 of the Labour code prohibits the employment of persons under the age of eighteen in jobs with unfavourable working conditions, underground or other work that may damage the health, safety or morals of this category of workers.

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According to the decree registered by the Ministry of justice of the Republic of Uzbekistan No. 1954 dated May 12, 2009, "On approval of the regulations on the establishment of maximum permissible norms for lifting and moving heavy loads by persons under eighteen years of age", when lifting and moving cargo by persons under eighteen years of age, the weight of the cargo must not exceed the prescribed norm.

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Forced labor of minors, that is, forced labor through the threat of any punishment, is also an illegal use of juvenile labor and forced labor.

According to article 491 of the Code of administrative responsibility of the Republic of Uzbekistan, the employment of minors in cases that may threaten their health, safety or morals is the basis for an administrative fine in the amount of 10 to 20 basic calculation values.

In accordance with article 1481 of the Criminal code of the Republic of Uzbekistan, the employment of minors in work that may harm his health, safety or morals committed after application of administrative penalty for the same act — shall be punished by a fine of up to twenty-five basic design variables or deprivation of certain right up to three years, or correctional labor up to three years.

According to article 51 of part 2 of the Code of the Republic of Uzbekistan on Administrative responsibility, administrative coercion to work in any form committed against a minor entails a fine of seventy to one hundred basic calculation values.

According to article 148 of the Criminal code, any form of forced labor committed against a minor after the application of an administrative penalty for the same act is punishable by a fine of one hundred and fifty to two hundred basic calculation values or deprivation of a certain right for up to three years or correctional labor for up to three years.