Fund for support and protection of the rights and interests of citizens engaged in work abroad
1. General provisions
1.1. The current Position in accordance with the decree of the President of the Republic of Uzbekistan of July 5, 2018 # PP-3839 "On additional measures on further improving system of external labor migration of the Republic of Uzbekistan" determines the order of formation and use of means of 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 (hereinafter — the Fund).
This Provision does not apply to cases and provisions provided for by the decree of the Cabinet of Ministers of the Republic of Uzbekistan dated March 18, 2018 No. 206 "on approval of the Regulations on the procedure for providing assistance to citizens of the Republic of Uzbekistan who have suffered as a result of emergency situations on the territory of foreign States".
1.2. The Fund is a legal entity, has independent balance, Bank accounts, including currency, emblem, stamps and forms a seal with the State emblem of the Republic of Uzbekistan and with its name in state language and other details.
1.3. the Foundation provides legal, social protection and financial assistance to citizens who are engaged in temporary employment abroad.
2. Procedure for forming the Fund's funds
2.1. The sources of the Fund's funds are:
- gratuitous financial assistance allocated from the State budget of the Republic of Uzbekistan;
- reserving funds of organizations that send citizens of the Republic of Uzbekistan to work abroad in the framework of a license agreement with the Ministry of employment and labor relations of the Republic of Uzbekistan, in the amount of fifty thousand us dollars, with conditions for replenishing funds — in case of spending the reserved amount, as well as returning funds — in case of termination and cancellation of the license for the right to employ citizens abroad;
- income from placing temporarily available funds of the Fund on deposits of commercial banks;
- charitable donations from individuals and legal entities, as well as other sources that are not prohibited by law.
2.2. Grants from international financial institutions and other foreign donors, as well as voluntary donations from individuals and legal entities, charitable foundations, including non-residents of the Republic of Uzbekistan, are credited to the Fund's Bank accounts in accordance with the procedure established by law, except for cases when the procedures of international financial institutions and other foreign donors or the conditions for granting foreign grants determine a different procedure.
3. Procedure for using the Fund's funds
3.1. The Fund uses earmarked to Finance the following expenses:
- providing legal and social protection and material assistance to citizens of the Republic of Uzbekistan, victims of violence, forced labour and discrimination, violation of labor and other rights, caught in a difficult financial situation and left without identity documents, without means of livelihood during the period of employment abroad;
- medical care for citizens of the Republic of Uzbekistan who during their stay in labor migration required medical assistance due to injury, accident, acute or severe illness, if it is impossible to pay for the cost of medical services provided at the expense of the labor migrant or medical insurance;
- transportation of bodies of citizens of the Republic of Uzbekistan who died during their stay in labor migration, as well as citizens of the Republic of Uzbekistan who were injured or seriously injured during their work abroad;
- the return of the citizens of the Republic of Uzbekistan, earlier to work abroad within the framework of organized recruitment, and deported due to violation of the legislation of the host country, with subsequent recovery of funds paid by these citizens, as well as the return of citizens of the Republic of Uzbekistan, where foreign employers were not provided the agreed conditions of employment;
- creation in the regions of the Republic and equipping centers for pre-departure adaptation, professional training, training and testing of knowledge in foreign languages, confirmation of professional competence of citizens of the Republic of Uzbekistan who leave for work abroad;
- carrying out information and educational activities on the expansion of organized employment of citizens of the Republic of Uzbekistan abroad, prevention of illegal labor migration;
- establishment and equipping of offices of the Agency abroad;
- monitoring the employment of citizens of the Republic of Uzbekistan engaged in labor activities abroad, by traveling to their places of employment.
3.2. The use of the Fund for the expenses referred to in paragraph 6 hereof, shall be in accordance with the Scheme of the organization of the disbursement of the Fund to support and protect the rights and interests of citizens working abroad, under the Ministry of employment and labour relations of the Republic of Uzbekistan in accordance with the approved destinations in accordance with the Annex to this Regulation.
In case of need for accelerated and emergency financing of expenses specified in paragraphs two to five of paragraph 6 of this Regulation, the Agency's representative office and the Agency are authorized to independently Finance expenses within the established limit. To Finance emergency expenses, the Agency representative office opens a corporate Bank card within the General limit set for each Agency representative office.
Representation of the Agency when using the Fund's funds in the areas indicated in paragraphs two — the fifth paragraph 6 hereof, may, in agreement with the Agency and the Executive Directorate of the Fund to attract on a contractual basis by specialized organizations authorized by the legislation of the host country of the Agency to carry out the services in the above areas of use of the Fund, including the funeral services, transport and logistics companies, medical institutions, insurance companies, organizations that provide legal services, human rights organizations etc.
The Agency, on the basis of supporting documents, makes an application for receiving funds from the Fund to cover the expenses specified in paragraph 6 of this Regulation and sends them to The Executive Directorate of the Fund.
The Executive Directorate of the Fund, in accordance with the Agency's submitted requests, finances expenditures in targeted tranches.
3.3. if the funds of the Fund are used for expenses specified in paragraphs two to five of paragraph 6 of this Regulation, arising from the fault of organizations that have sent citizens of the Republic of Uzbekistan to work abroad (hereinafter referred to as the sending organization), the used funds of the Fund shall be reimbursed from the funds of sending organizations reserved in the Fund.
The decision to reimburse the Fund's expenses from the reserved funds of sending organizations is made by the Fund's Council on the recommendation of the Executive Directorate.
The sending organization is obliged to reimburse the funds used from the reserved amount within a week.
3.4. The maintenance of The Executive Directorate of the Fund, including remuneration of employees, expenses for the purchase of fixed assets, inventory, maintenance of premises, communications and information and computer equipment, introduction of modern technologies, economic and other expenses, is carried out at the expense of the Fund.
Employees of The Executive Directorate of the Fund are subject to the conditions of remuneration provided for employees of the Ministry of employment and labor relations of the Republic of Uzbekistan.
3.5. the Projected cost estimates for the upcoming year with a monthly breakdown are approved by the Fund's Board and registered with the Ministry of employment and labor relations of the Republic of Uzbekistan.
3.6. The remains unused in the current year, the Fund will rollover to the next financial year and taken into account when budgeting for next year.
4. The organization and management of Fund
4.1. The Supreme body of management of the Fund is the Fund's Supervisory Board (hereinafter — the Fund Board).
The Foundation's Board:
- annually reviews and approves the main directions of using the Fund's funds, forecast parameters of the balance of income and expenses of the Fund;
- determines the percentage of funds allocated for the implementation of the main tasks and activities of the Fund;
- approves the estimates of income and expenses of the Fund, making appropriate changes to the approved estimates if necessary, monitors the activities of the Fund in terms of generating income and ensuring targeted spending of funds;
- regularly hears reports on the results of the Fund's activities;
- makes proposals for improving and improving the effectiveness of monitoring the Fund's activities, improving the organization's mechanisms and optimizing the financing of its expenses;
- performs other functions related to the Fund's activities.
Decisions of the Foundation Council are made by open voting by a simple majority of votes.
4.2. The management of Fund is carried out by the Executive Directorate of the Fund.
4.3. the Executive Directorate of the Fund:
- submits a monthly report on the Fund's income and expenses to the Board of the Fund and the management of the Ministry of employment and labor relations of the Republic of Uzbekistan for approval;
- accepts funds from sending organizations in the form of an insurance Deposit, keeps records and reports on them;
- provides funding for the implementation of the tasks provided for in paragraph 6 of this Regulation;
- takes measures to provide information to the population and sending organizations on issues of external labor migration;
- participates in the development of information and computer systems for recording the participation of citizens in the processes of external labor migration.
The Executive Directorate can also perform other tasks in accordance with the main directions of the Fund's activities, as well as in accordance with the decisions of the Fund's Council and the legislation of the Republic of Uzbekistan.
4.4. The Executive Directorate to perform its tasks has the right:
- to Finance the expenses stipulated by the main activities of the Fund;
- use without acceptance the funds of the security Deposit the sending organization, reserved in the Fund — in cases of violation of rights and interests of migrant workers through the fault of the sending organization to rectify the consequences, notifies guide the organization in a period not later than one working day after acceptance use;
- if necessary, request and receive from the directing organizations of the Fund's activities documents (certificates) on the formed authorized capital and transfer of reserve funds to the special account of the Fund;
- make proposals to improve the organization and activities of the Fund, develop methodological documents on issues within its competence.
4.5. the Executive Directorate is headed by an Executive Director who is appointed and dismissed by the Minister of employment and labor relations of the Republic of Uzbekistan.
4.6. Executive Director:
- provides General management of the Fund's activities;
- accepts and terminates employment contracts with employees of the Executive Directorate, distributes their duties and powers;
- concludes contracts with legal entities within the scope of its authority;
- organizes accounting of funds and material assets of the Fund, preparation and submission of financial and statistical reports in accordance with the established procedure;
- performs other duties and powers in accordance with the law.
4.7. the Executive Directorate is accountable to the Foundation Council and the Ministry of employment and labor relations of the Republic of Uzbekistan.
5. Accounting, reporting and control over the correct use of the Fund's funds
5.1. accounting and reporting on the formation and forecast of funds to the Fund are performed by the Executive Directorate in accordance with the procedure established by law.
5.2. The Executive Directorate on a monthly basis by the 10th of the month following the reporting period, submit to the Fund Board and the Ministry of employment and labour relations of the Republic of Uzbekistan reports (in electronic and paper form) on the formation and use of the Fund, the performance parameters of the cost estimates on the forms approved by the Ministry of employment and labour relations of the Republic of Uzbekistan.
5.3. Monitoring of completeness and timeliness of receipt of funds in the Fund shall be administered by the Executive Board.
5.4.the Supervisory Board and the Ministry of employment and labor relations of the Republic of Uzbekistan are responsible for Monitoring the use of the Fund's funds.
5.5. Responsibility for target use of the Fund rests with the Executive management.
6. Final provisions
6.1. Disputes arising within the framework of the Fund's activities, including when using the Fund's funds, are resolved in accordance with the procedure established by law.
6.2. Persons guilty of violating the requirements of this Provision are liable in accordance with the procedure established by law.
6.3. Reorganization and liquidation of the Fund shall follow the procedure prescribed by law.