Statute

Agency for external labor migration

Legislation
Agency for external labor migration
1. General provisions

1.1. This Regulation, in accordance with the decree of the President of the Republic of Uzbekistan dated July 5, 2018 no.PP-3839 "on additional measures to further improve the system of external labor migration of the Republic of Uzbekistan", defines the procedure for the activities Of the Agency for external labor migration under the Ministry of employment and labor relations of the Republic of Uzbekistan.

1.2. The Agency for external labor migration under the Ministry of employment and labor relations of the Republic of Uzbekistan (hereinafter — the Agency) carries out activities in accordance with the legislation of the Republic of Uzbekistan in the field of regulation of labor migration and organized employment of citizens of the Republic of Uzbekistan abroad, based on international legal norms and rules, taking into account the national interests of the Republic.

1.3. the Agency is Founded by the Ministry of employment and labor relations of the Republic of Uzbekistan.

1.4. the Agency is a legal entity in the form of a state unitary enterprise formed on the basis of state-owned property transferred to its operational management, has an independent balance sheet, can acquire rights and bear obligations on its own behalf, and be a plaintiff and defendant in court.

The Agency owns, uses and disposes of the property belonging to it on the right of operational management, as well as other property acquired (received) in the course of its activities and owned by the Agency, in accordance with the procedure provided for by law and this Regulation.

1.5. The Agency in its activity is guided by the Constitution of the Republic of Uzbekistan, laws of the Republic of Uzbekistan, decrees of Oliy Majlis of the Republic of Uzbekistan, decrees, orders and decrees of the President of the Republic of Uzbekistan, decrees and orders of the Cabinet of Ministers of the Republic of Uzbekistan, resolutions of the Board and orders of the Ministry of employment and labour relations of the Republic of Uzbekistan and the present Statute.

1.6. the Agency and its representative offices have a seal with the image of the State emblem of the Republic of Uzbekistan with its name in the state language, as well as stamps, letterheads with its name. The Agency has its own logo.

Location of the Agency: 1 Kamariniso street, Tashkent city.

E-mail address of the Agency: info@migration.uz.

1.7. The official name of the Agency:

a) in the state language:

full —Ўзбекистон Республикаси Бандлик ва меҳнат муносабатлари вазирлиги ҳузуридаги Ташқи меҳнат миграцияси агентлиги Давлат унитар корхонаси;

 abbreviated— Ташқи меҳнат миграцияси агентлиги ДУК;

b) in English:

full — The Agency of External labor Migration under the Ministry of Employment and labor Relations of the Republic of Uzbekistan State Unitary Company;

abbreviated — The Agency of External labor Migration;

C) in Russian:

full —Государственное унитарное предприятие Агентство по внешней трудовой миграции при Министерстве занятости и трудовых отношений Республики Узбекистан;

abbreviated— ГУП Агентство по внешней трудовой миграции

1.8. The Agency operates on self-financing basis.

1.9. the Agency shall establish its branches in the regions of the Republic and representative offices abroad in accordance with the established procedure.

2. Tasks and functions of the Agency

2.1. The main tasks of the Agency are:

- assistance to citizens of the Republic of Uzbekistan in exercising their rights to work abroad by effectively managing and monitoring the processes of organized recruitment, training, adaptation measures and employment abroad;

- implementation of a comprehensive analysis of external labor migration, development of proposals on improving the legal framework, assistance in the employment of citizens who returned from labor migration;

- participation in the development and implementation of projects of international cooperation in the field of labor migration, interaction with the competent authorities of foreign States on the regulation of employment processes of citizens of the Republic of Uzbekistan abroad and ensuring their labor rights;

- performing the functions of the working body of the Ministry of employment and labor relations of the Republic of Uzbekistan for licensing employment activities of citizens of the Republic of Uzbekistan abroad and monitoring their activities, accreditation of legal entities engaged in activities to confirm the professional competence of citizens of the Republic of Uzbekistan who travel abroad for work;

- issuing permits to legal entities to attract foreign labor and confirmations to foreign citizens for the right to work on the territory of the Republic of Uzbekistan in accordance with the established procedure, as well as keeping records of foreign citizens working in the Republic of Uzbekistan.

1.2. in accordance with the tasks assigned to it, the Agency performs the following functions:

- studies the labor market of foreign countries, searches for foreign employers, concludes agreements with foreign employers and private employment agencies on the organized recruitment of citizens of the Republic of Uzbekistan in order to be sent for temporary employment abroad and ensures their implementation;

- within its competence, conducts negotiations, prepares drafts of international, interstate and interdepartmental agreements, agreements and protocols with international and regional organizations, state authorized bodies of foreign countries in the field of organized employment of citizens of the Republic of Uzbekistan abroad;

- coordinates the implementation by foreign partners and employers of relevant decisions and obligations arising from contracts, agreements, protocols and other documents on cooperation between the Republic of Uzbekistan and foreign countries on employment of citizens of the Republic of Uzbekistan abroad;

- informs citizens of the Republic of Uzbekistan who go to work abroad about the basics of legislation, traditions and norms of behavior in the state of employment;

- selects citizens of the Republic of Uzbekistan for employment abroad on the basis of agreements with foreign employers and recruiting organizations, provides pre-departure training and sending them abroad;

- creates a unified database of citizens of the Republic of Uzbekistan who work abroad, as well as maintains registers of foreign employers;

- provides pre-departure adaptation, conducts professional training, retraining and advanced training, training in foreign languages, safety and labor protection rules at the enterprises of citizens of the Republic of Uzbekistan who travel abroad for temporary employment;

- conducts a comprehensive medical examination of the health status of citizens of the Republic of Uzbekistan sent for employment abroad, with the involvement of authorized medical institutions, taking into account the requirements of foreign employers;

- takes part in the implementation of measures to ensure the safety of citizens of the Republic of Uzbekistan during their travel by transport outside the Republic for work, coordinates the work of specialized ticket offices established under the Agency for the sale of preferential travel tickets for air and rail transport;

- accepts and reviews applications for licenses to carry out employment activities for citizens of the Republic of Uzbekistan abroad;

- issues and extends permits to legal entities for attracting foreign labor and confirming the right of foreign citizens to perform temporary labor activities on the territory of the Republic of Uzbekistan;

- monitors compliance by employers with laws and regulations governing the use of foreign labor in the Republic of Uzbekistan;

- monitors, together with law enforcement agencies, the compliance of foreign citizens who have a confirmation of the right to work in the Republic of Uzbekistan with the established procedure for carrying out work on the territory of the Republic;

- creates and manages the activities of regional centers for pre-departure adaptation, centers for training, retraining and advanced training, language training centers for citizens of the Republic of Uzbekistan who travel abroad for temporary work, including on the terms of public-private partnership;

- monitors the labor activity of citizens of the Republic of Uzbekistan working abroad with the assistance of the Ministry of foreign Affairs of the Republic of Uzbekistan through diplomatic missions and consular offices of the Republic of Uzbekistan abroad, as well As Agency representative offices abroad;

- carries out measures on legal and social protection, material support for citizens engaged in labor activities abroad, including through interaction with the Fund of support and protection of the rights and interests of citizens working abroad, under the Ministry of employment and labour relations of the Republic of Uzbekistan and diplomatic missions of the Republic of Uzbekistan in foreign States;

- participates in the implementation of programs and projects for the reintegration of migrant workers, provides the territorial bodies for promoting employment of the population with lists of citizens of the Republic of Uzbekistan who returned to their homeland after temporary employment abroad, for their subsequent employment on the territory of the Republic of Uzbekistan.

3. The rights and responsibilities of the Agency

3.1. For the implementation of entrusted tasks and functions the Agency has the right:

- to carry out, in accordance with the concluded contracts, the selection of personnel for work abroad, the organization of their testing for knowledge of foreign languages and professional suitability, as well as an explanation of the main laws of the country of employment;

- apply to the competent authorities for information about candidates for employment abroad sent in accordance with agreements on cooperation in the field of labor migration concluded with foreign partners;

- conclude agreements with citizens of the Republic of Uzbekistan who have passed the preliminary selection to provide services for their employment abroad, taking into account agreements (contracts) concluded with foreign partners;

- receive, as necessary, from legal entities, regardless of their form of ownership, information about foreign citizens engaged in labor activities under labor agreements (contracts) with these legal entities on the territory of the Republic of Uzbekistan;

- to carry out, within its competence, direct interaction and cooperation with foreign organizations that hire foreign labor or promote such employment;

- involve, if necessary, teachers, specialists of ministries and departments of the Republic of Uzbekistan, as well as other legal entities and individuals under agreements (contracts) to perform certain functions provided for by this Regulation;

- create a Fund for material incentives for Agency employees in coordination with the Ministry of employment and labor relations of the Republic of Uzbekistan;

- issue certificates in accordance with the established forms to citizens of the Republic of Uzbekistan who wish to work abroad based on the results of their training in foreign languages and professional training;

- monitor the activities of legal entities in the field of assistance in employment of citizens of the Republic of Uzbekistan abroad and effective regulation of temporary employment of foreign citizens on the territory of the Republic of Uzbekistan;

- in agreement with the Ministry of employment and labor relations of the Republic of Uzbekistan, place available funds on Deposit accounts in banks and other organizations;

- create and eliminate, in coordination with the Ministry of employment and labour relations of the Republic of Uzbekistan, regional branches, centers, specialized on previendo training, foreign language training and test preparations of the citizens of the Republic of Uzbekistan abroad, and in coordination with the Ministry of foreign Affairs of the Republic of Uzbekistan foreign mission Agency;

- in agreement with the Ministry of employment and labor relations of the Republic of Uzbekistan, make changes to the maximum number of managerial personnel of the Agency and its structural divisions.

3.2. The Agency is responsible for the effective execution of its tasks and functions.

4. Property and financial and economic activities of the Agency

4.1. the Agency's Property consists of fixed assets and working capital, as well as other valuables, the value of which is reflected in the independent balance sheet.

4.2. the property of the Agency in accordance with the legislative acts of the Republic of Uzbekistan belongs to it on the right of operational management.

The Ministry of employment and labor relations of the Republic of Uzbekistan has the right to dispose of the Agency's property.

4.3. The Agency operates on the basis of economic calculation for the provision of the following services:

- assistance to citizens of the Republic of Uzbekistan who travel abroad for temporary employment in purchasing railway tickets, air tickets and other transport and logistics issues;

- assistance in obtaining the necessary documents for employment abroad;

- provision of transport services by attracting Agency vehicles that are not involved in the work process, at the request of private and legal entities;

- provision of services on a contractual basis for accommodation in the hotel sector of citizens of the Republic of Uzbekistan and foreign citizens.

4.4. The main General indicator of economic and financial activity of the Agency is income.

4.5. The source of formation of financial resources of the Agency are:

- profit (income) from economic activities;

- funds received from payment for the issuance (extension) of permits to legal entities to attract foreign labor, as well as for the issuance (extension) of confirmations to foreign citizens for the right to temporary employment on the territory of Uzbekistan according to the tariff approved by the Ministry of employment and labor relations in coordination with the Ministry of Finance of the Republic of Uzbekistan;

- income received from charging fees for services rendered to citizens of the Republic of Uzbekistan when preparing documents for temporary employment abroad under private contracts;

- other sources that are not prohibited by law.

The net profit remaining at the Agency's disposal is used in accordance with the decisions of the Ministry of employment and labor relations, including by sending it to the employee incentive Fund and strengthening the material and technical base of the labor authorities.

4.6. the Agency has the right to open settlement, currency and other accounts in commercial banks for storing funds and performing all types of settlement and cash operations that do not contradict the legislation of the Republic of Uzbekistan.

4.7. the Agency has the right to carry out foreign economic activities for the implementation of tasks and functions in accordance with the legislation of the Republic of Uzbekistan.

4.8. Foreign currency revenue from business activities is distributed in accordance with the legislation, credited to The Agency's currency account and used as intended by the Agency's management.

4.9. the Agency keeps operational and accounting records of its activities, as well as statistical reports, in accordance with the established procedure.

5. Agency Management

5.1. the Agency is headed by the head of the Agency, who is appointed and dismissed by the Minister of employment and labor relations of the Republic of Uzbekistan.

Head Of The Agency:

- provides General management, organizes the current activities of the Agency and is responsible for performing the tasks assigned to It;

- represents the Agency in state bodies, in relations with legal entities and individuals, including foreign States, as well as international organizations;

- in agreement with the Ministry of employment and labor relations of the Republic of Uzbekistan, approves the staffing table and cost estimates for the maintenance of the Agency;

- issues (extends) permits to legal entities to attract foreign labor and confirms the right to temporary employment to foreign citizens for employment in the territory of the Republic of Uzbekistan in accordance with the legislation of the Republic of Uzbekistan;

- when raising to the Republic of Uzbekistan of foreign experts involved in the implementation of projects within the approved state programs and other target programs of the Republic of Uzbekistan, provides for applications of the persons responsible for the issuance (extension) in the established procedure a permit to attract to the Republic of Uzbekistan of foreign specialists and the results (renewal), foreign nationals evidence for the right of temporary labor activities on the territory of the Republic of Uzbekistan;

- in coordination with the Ministry of employment and labor relations of the Republic of Uzbekistan, appoint and dismiss the heads of regional branches, foreign representative offices of the Agency, centers for pre-departure adaptation and training of citizens traveling abroad, heads of divisions and employees;

- performs other functions in accordance with the tasks assigned to the Agency.

The head of the Agency has two deputies, including the first one, who are appointed and dismissed by the Minister of employment and labor relations of the Republic of Uzbekistan.

6. Final provision

6.1. Reorganization and liquidation of the Agency shall be in accordance with legislation.