Public works Fund under the Ministry of employment and labor relations of the Republic of Uzbekistan
1. General provisions
1.1. This Regulation, in accordance with the decree of the President of the Republic of Uzbekistan dated may 24, 2017 no.up-5052 "on measures to further improve the state policy in the field of employment and radically improve the efficiency of labor bodies" defines the types and procedure for organizing paid public works (hereinafter — public work).
1.2. In the present Position following basic concepts are used:
public works are generally available, paid, and usually do not require special pre-professional training, types of temporary work for people from the unemployed and unoccupied population;
customer-employer-initiator of public works in accordance with this Regulation (Council of Ministers of the Republic of Karakalpakstan, khokimiyats of regions and Tashkent, districts (cities), ministries, departments, self-government bodies of citizens, business entities, other organizations);
a person performing public work is a citizen recognized as unemployed in accordance with the established procedure, as well as registered as a job seeker, and attracted to participate in public works.
1.3. Public works are organized in order to:
- providing temporary earnings (labor income) to unemployed persons and providing them with material support during their search for work;
- creating conditions for unemployed persons for temporary employment;
- introduction to work of persons who are looking for work for the first time and do not have a profession (specialty);
- labor rehabilitation of persons who have significant interruptions in their professional activities for various reasons (previously engaged in raising children, caring for sick and elderly family members, released from penal institutions, etc.);
- provision of labor for socially significant economic and social facilities.
1.4. the Proposed types of public works must take into account the professional skills, work experience, age, gender and other characteristics of persons performing public work, working hours and the necessary conditions for labor protection.
1.5. the employment assistance Center (hereinafter referred to as the center), taking into account the professional, age and other characteristics of persons performing public work, determines the specific locations of public works, as well as the conditions and terms of participation in them of citizens sent.
The employer-customers, together with the CSN, determine the necessary types and volumes of public works.
If an unemployed or unoccupied person refuses to participate in public works related to dangerous, harmful and difficult working conditions, he or she is granted other public work.
1.6. during the period of participation of an unemployed person in public works, the payment of unemployment benefits is suspended and resumed from the date of completion of participation in public works.
1.7. Public works, which are organized by budget organizations, the monthly remuneration of participants in public works may be set at an amount not exceeding five times the minimum wage, with subsequent reimbursement from the Fund of public works under the Ministry of employment and labor relations of the Republic of Uzbekistan (hereinafter — the Fund) of 100 percent of the costs of remuneration to persons sent to the Central public SERVICE Commission.
1.8. Public works, which are organized by business entities, non-governmental non-profit organizations, are carried out on the basis of their applications, with subsequent compensation at the expense of the Fund up to 50 percent of the costs of remuneration to persons sent by the Central HEALTH service.
In this case, the monthly amount of compensation from the Fund for one unemployed person involved in public works should not exceed two and a half times the minimum wage.
2. The types of public works
2.1. The types of public works include:
- landscaping (planting, cleaning, whitewashing, cleaning of ditches cemeteries, pilgrimage places, cultural sites, etc.) of cities, districts, towns, villages, mahallas, etc.;
- repair of housing Fund, neighborhood housing and other infrastructure;
- repair of streets, roads and sidewalks;
- seasonal agricultural work, harvesting, storage and processing of agricultural products, repair of irrigation and reclamation networks;
- care for the disabled, elderly, sick, etc.;
- work in organizations of industrial sectors and in the service sector;
- construction, reconstruction and repair of facilities.
Other types of public works may be provided for in accordance with the law, depending on the need for them.
3. Procedure for organizing public works
3.1. Customers-employers monthly until the 15th day of the month preceding the reporting month, form lists of public works for inclusion of applications, and submit them with the application to the district (city) Central health SERVICE.
The organization of public works and their financing at the expense of the Fund is carried out according to the schemes in accordance with Annex 1 to this Regulation.
3.2. TSZN monthly until the 20th day of the month preceding the reporting month, accept applications from customers-employers for public works and until the 25th day of the month preceding the reporting month, form a consolidated application in the amount not exceeding the amount of funds provided for these purposes, and submit for approval to the district (city) Khokimiyat.
3.3. After the approval of the district (city) khokim of the consolidated application, the CSZN shall transfer it to the Fund for allocation of funds before the 1st day of the reporting month.
3.4. In order to organize public works TSSZN form lists of unemployed and the unemployed persons, taking into account the manpower requirements indicated in orders of the customers-employers, and then Fund on the basis of consolidated applications before the 5th day of the month transfer funds on the Treasury account TSSZN.
3.5. at the Same time, before the 1st day of the reporting month, the CSZN enters into an agreement with customers-employers with a list of citizens who performed public works attached.
3.6. the Agreement is drawn up within the financial year with a validity period of at least 2 weeks, but not more than 3 months. At the end of the contract, the employer-customer can re-submit an application to the CSN for performing public works.
3.7. Contracts are registered in Treasury divisions of the Ministry of Finance of the Republic of Uzbekistan within the limits of the funds provided in the cost estimates of the Central health SERVICE for performing public works.
3.8. The distribution of citizens represented in the consolidated application for public works is carried out based on the nature and address of the work, taking into account the consent of the unemployed person for this work.
3.9. in cases of unforeseen needs, khokimiyats of districts (cities) have the right to make decisions on the redistribution of public works, the customers of which are budget organizations and self-government bodies of citizens.
3.10. after the conclusion of the contract with the employer-customer, 5 days before the start of public works, the CSZN issues a direction for public work to an unoccupied person in accordance with the form in Annex 2.
3.11. The lists of unemployed and unoccupied persons drawn up for public works contracts, which are ordered by budget organizations and self-government bodies of citizens, primarily include persons who live in the territory where public works are performed, taking into account the coverage of residents of all self-government bodies of citizens in this territory.
3.12. the employer-Customer shall provide appropriate conditions for labor protection requirements in accordance with the legislation during the performance of public works.
3.13. the CSN monitors the conduct of public works at least once a week and issues a corresponding act of monitoring.
The main specialists in the formation and monitoring of public works programs in the Republic of Karakalpakstan, the regions and Tashkent of the Fund monitor the organization, conduct and payment of public works on a monthly basis, including visits to public works sites.
3.14. in case of detection of violations of the terms of the agreement during monitoring, the employees of the Central health SERVICE register a report on these violations and submit it to the CENTRAL health service for taking appropriate measures provided for by law.
3.15. the employer-Customer shall submit a report card of the time worked by citizens who performed public works for the first half of the month to the Central TAX service on a monthly basis up to and including the 15th day of the reporting month.
3.16. TSSZN, based on timesheet of time worked during the first half of the month to the 15th day inclusive of the reporting month shall pay in advance 50 percent of the monthly amount reimbursable by the Fund.
Payment of expenses for public works is the Treasury departments of the Ministry of Finance of the Republic of Uzbekistan based on the Treasury TSSZN memorial orders or payment orders.
3.17. the employer-Customer shall submit to the Central tax SERVICE an approved time table and a payroll statement for persons assigned to public works on a monthly basis before the 1st day of the month following the reporting month.
3.18.after receiving the supporting documents (report card, statement), the CSZN sends the Treasury memorial order or payment order and a copy of the act of performed public works to the Treasury of the Ministry of Finance of the Republic of Uzbekistan on a monthly basis until the 5th day of the month following the reporting month, minus the amount of the advance payment.
3.19. employer-Customers provide monthly information to the CSP about public works carried out with the involvement of unemployed and unoccupied persons, including copies of acts of work performed, certified by the first managers of the employer-customers.
3.20. In cases where the employer listed the amount of the reimbursement exceeds the actual volume of public works in accordance with acts of performed works, as well as set the amount of reimbursement of payment of public works customers who are business entities, non-profit organizations at the expense of the Fund in accordance with paragraph 8 hereof, the amount of excess funds returned by the employer to the account TSSZN.
3.21. when sending citizens to perform public works, the Central health SERVICE informs them about the conditions of organization and payment of labor.
3.22. the employer shall enter into an employment contract With citizens performing public works in accordance with the requirements of this Regulation.
Contractual relations for performing public works are carried out on the basis of an employment contract concluded in accordance with the procedure established by law. When carrying out a complex or separate types of public works by citizens United on a voluntary basis in teams, the contract provides for the obligations of the parties, the volume and timing of work, forms of organization and remuneration.
3.23. Citizens performing public works shall be paid for the work actually performed, based on the rates and salaries (piece rates) in force at enterprises, but not lower than the first category according to the Unified wage schedule.
Employers may set at their own expense the amount of additional remuneration for work in public works, other than wages.
3.24. If an unemployed and unoccupied person who has performed public work is satisfied with the work being performed, then by agreement with the employer-employer, he can declare his consent to perform such work on a permanent basis, and the CSZN counts this as a permanent suitable job.
In this case, the previously concluded employment contract with this person is subject to renegotiation with the indication of new working conditions.
3.25. when organizing public works, the employer-customer is responsible for compliance with labor legislation, labor protection rules, correct registration of the act of acceptance of completed works, rational use of labor of citizens who have concluded labor contracts.
Persons who are assigned to public works related to dangerous, harmful and difficult working conditions are subject to medical examination in accordance with the procedure established by law.
3.26.about the period of participation of citizens in public works, customers-employers make a corresponding entry in the employment record.
The time of participation in public works is included in the work experience. Citizens who have performed public works have the right to receive pensions and temporary disability benefits.
Insurance premiums for the period of participation in public works are paid by employers in accordance with current legislation.
3.27. for Citizens performing public works, the duration of working hours is established in accordance with the labor legislation. Employer customers have the right to use flexible forms of organization of the working day and working week, as well as to introduce reduced working hours for performing public works with payment depending on the output or in proportion to the time worked.
3.28. CSZN shall keep records of citizens assigned to public works and employed in them, in accordance with the procedure established by law.
3.29. CSZN provides lease of fixed assets, mini-equipment and inventory purchased at the expense of the Fund to customers-employers for the organization of public works.
4. Final provisions
4.1. Disputes arising from activities related to the organization of public works shall be resolved in accordance with the procedure established by law.
4.2. Persons guilty of violating the requirements of this Provision are liable in accordance with the procedure established by law.