Topic - 6: Labor Rights and Welfare
LABOR CODE OF UZBEKISTAN
GENERAL
CHAPTER I. SUMMARY
Article 1. Regulations governing labor relations
Labor relations in the Republic of Uzbekistan are regulated by labor
legislation, collective agreements and collective bargaining agreements and other
local regulations *.
Article 2. The problem of labor legislation
Labor law, given the interests of workers, employers, government, ensure
the effective functioning of the labor market, fair and safe working conditions,
protection of labor rights and health of workers, promotes the growth of labor
productivity, improve the quality of work, the rise in this material and cultural
living standards of all population.
Article 8. Protection of labor rights
Everyone is guaranteed the protection of labor rights, which is implemented
by the supervision and monitoring of compliance with labor legislation, as well as
authorities on labor disputes.
Article 10. The ratio of international treaties, conventions and labor
legislation of the Republic of Uzbekistan
If an international treaty of the Republic of Uzbekistan and Uzbekistan
ratified the International Labour Organization established more favorable for the
employees as compared with statutory or other regulations of the Republic of
Uzbekistan on labor, the rules of the international treaty or convention.
Rules of international treaties ratified by the Republic of Uzbekistan and
Uzbekistan conventions of the International Labour Organisation apply in cases
where the employment relationship is not directly regulated by law.
CHAPTER II. Subjects of labor relations
Article 14. Employee as the subject of labor relations
The subjects of labor relations may be citizens of the Republic of
Uzbekistan, as well as foreign citizens and stateless persons who have reached the
statutory age (Article 77) and entered into a contract of employment with the
employer.
Article 15. Employer as the subject of labor relations
Employers are:
1) the company, including their separate divisions, represented by their
leaders;
2) private companies, which is also the owner of the head;
3) individuals who have attained the age of eighteen, in the cases provided
by law.
Article 16. Basic labor rights
In accordance with the Constitution of the Republic of Uzbekistan, everyone
has the right to work, to free choice of employment, to just conditions of work and
to protection against unemployment in the manner prescribed by law.
Every employee has the right to:
to remuneration not less than the statutory minimum;
to rest, provided by the establishment of maximum working hours, shorter
working day for a number of professions and jobs, providing weekly rest days,
public holidays, and paid annual leave;
working conditions that meet safety and hygiene;
for training, retraining and skills development;
to compensation for damage caused to his health or property in connection
with the work;
to form trade unions and other organizations representing the interests of
workers and labor groups;
to social security in old age, disability, widowhood, and in other of the law,
cases;
to defense, including the judiciary, human rights and professional legal
assistance;
to defend their interests in collective labor disputes.
Article 17. The fundamental rights of the employer
The employer has the right to:
manage the business and make decisions within their competence;
conclude and terminate individual labor contracts in accordance with the
law;
require an employee to do the work properly due to the employment
contract;
be set up with other employers associations to protect their interests and to
join such associations.
Article 18. Particularly labor regulations specific categories of
employees
The legal regulation of the labor of certain categories of workers may have
features that set:
nature of work due to the employee's company;
conditions and the nature of the employee;
climatic conditions;
special legal regime of the area where the employee works;
other objective factors.
Features of the regulation of public servants are set by law.
Installable features of the legal regulation of work of certain categories of
workers can not reduce the level of labor rights and guarantees provided by this
Code.
Article 19. The labor collective as the subject of labor relations
Labor collective of the enterprise consists of all its employees, their work
involved in its activities on the basis of an employment contract.
Rights and duties of the personnel, its powers, procedure and forms of
implementation are determined by legislative and other normative acts.
Article 20. Representative bodies of workers and employers as the subjects
of labor relations
The subjects of labor relations may make the trade unions and their elected
bodies of the company, other elected officials authorities, representative bodies of
employers.
CHAPTER III. OFFICE WORKERS AND EMPLOYERS
Article 21. Employee representation in the enterprise
Representing the interests of workers in labor relations and the protection of
such interests may carry trade unions and their elected bodies in the company or
other employees elected bodies, procedure of election, terms of office and the
number of members of which are determined by the meeting (conference) of the
workforce. The employees themselves define the authority they trust representation
and protection of their interests.
All representative bodies act within its powers and have equal rights while
protecting the interests of workers.
The presence of other representative bodies in the company should not
impede the activities of trade unions to exercise their functions.
Interests of workers and employers can not represent and defend the same
representative.
The activities of the representative bodies may be terminated by the decision
of the workers, their favorites, and the court - in the case of any activity
inconsistent with the law.
Article 22. The trade unions
Rights of trade unions and elected bodies in relations with state and
economic bodies, employers are determined by law, regulations, collective
agreements and contracts.
Article 23. Representative bodies of workers' rights
Representative bodies of workers entitled to:
negotiate and conclude collective agreements and agreements, monitor
compliance, to make proposals for the employer regulations on work in the
enterprise;
participate in the consideration of socio-economic development of the
enterprise;
protect workers in bodies by labor disputes;
appeal against the decision of the employer and authorized persons, if they
are contrary to legislation or other regulations on labor, or otherwise violate the
rights of workers.
Representative bodies can make and other actions aimed at protecting the
interests of workers in the social and labor relations, if they do not contradict the
legislation.
The exercise of rights by the representative bodies of employees shall not
reduce the effectiveness of the enterprise, to violate the established order and the
mode of its operation.
CHAPTER IV. Collective Agreements
§ 1. GENERAL
Article 29. The concept and purpose of collective agreements
Collective agreement - a normative act regulating labor, social, economic
and trade relations between the employer and the employees in the company.
Collective agreement - legal act containing the obligation to establish the
conditions of labor, employment and social guarantees for employees of certain
occupations, industries, areas.
Collective contracts and agreements are to facilitate the contractual
regulation of labor relations and coordination of socio-economic interests of
workers and employers.
Article 30. Basic principles of collective bargaining and agreements
The basic principles of collective bargaining and agreements are:
compliance with laws;
The authorized representatives of the parties;
equality of the parties;
Freedom of choice and debate that constitute the collective bargaining
agreements;
voluntary assumption of liabilities;
Reality ensure assumed obligations;
systematic control;
the inevitability of punishment.
SPECIAL PART
CHAPTER V. EMPLOYMENT
Article 57. Right to work
Each has the exclusive right to use his abilities for productive and creative
work and to carry out any activities not prohibited by the legislation. Voluntary
unemployment can not be grounds for prosecution.
Everyone has the right to free choice of employment by a direct appeal to the
employer or through a free mediation of labor bodies.
Article 58. Guarantees the right to work
State guarantees:
freedom to choose the type of employment, including work with different
types of work;
protection from unlawful denial of employment or termination of the
employment contract;
free assistance in finding suitable work and employment;
give each equal opportunities in the profession and work, working
conditions, employment, compensation, promotion;
Free training new profession (specialty) training in the local labor or at the
direction of other educational institutions in the payment of grants;
compensation in accordance with the laws of material costs when applying
for a job in another area;
entering into fixed-term contracts to participate in paid public works.
Legal, economic and organizational conditions of employment and
guarantees the right to work are determined by the laws and other regulations on
labor.
Article 59. State support employment
Assistance in finding jobs have the relevant bodies of the Ministry of Labor
and Social Protection of the Republic of Uzbekistan.
To finance the implementation of the employment policy and the effective
activity of labor creates the State Employment Fund in the manner determined by
the Government of the Republic of Uzbekistan.
Article 60. Recognition of the unemployed
Recognized bodied unemployed person under the age of sixteen years to
acquire the right to a pension, which is out of work and earnings (earnings),
registered in the local labor authority as a job-seeker, ready to work, to undergo
training and retraining, qualifications.
Article 65. Conditions and terms of payment of unemployment
allowance
Unemployment benefit is assigned a person recognized unemployed, since
its registration in the local labor authority as a job-seeker. Unemployed men under
the age of thirty-five years old, with less than three dependents, unemployment is
appointed, subject to the participation in paid public works in the order determined
by the Government of the Republic of Uzbekistan. The right to unemployment
benefit comes within the eleventh day of registration as a job-seeker.
Unemployment benefit is paid up to:
twenty six calendar weeks during the twelve-month period for a person who
has lost his job and income (employment income), or seeking to return to work
after long-term (over one year) break;
thirteen calendar weeks for a person not previously work and seeking work
for the first time.
In the period for unemployment benefits must look for work and at least
once every two weeks at a local labor authority.
Unemployment benefit is determined by legislation.
CHAPTER VI. EMPLOYMENT CONTRACT
§ 1. GENERAL
Article 72. Concept and of the employment contract
An employment contract is an agreement between the employee and the
employer to work towards a specific occupation, qualifications, positions for a fee
according to the internal labor regulations on the conditions established by
agreement of the parties, as well as legislative and other regulations on labor.
A labor contract are the employee and the employer.
Agreement of the parties to conclude an employment contract may be
preceded by additional factors (passage of the contest, the election for the post,
etc.).
The employee may enter into employment agreements on part-time, unless
prohibited by law.
Article 73. The content of the employment contract
Content of the employment contract shall be determined by agreement of the
parties, as well as legislative and other regulations on labor.
By mutual agreement of the employment contract is determined by:
place of work (a company or division);
labor function worker - specialty, qualification, position, on which it will
operate;
first day of work;
term of the employment contract at the conclusion of it for a certain period;
amount of remuneration and other conditions of employment.
Level of labor rights and protections for workers, statutory and other
regulations, can not be reduced at the conclusion of the employment contract.
Article 74. The form of the employment contract
Employment contract shall be in writing.
The form of the employment contract is developed with the model contract
to be approved in accordance with the Government of the Republic of Uzbekistan.
Labor contract is in an amount of not less than two copies of equal strength,
and given to each of the parties for storage.
Address stated in the agreement of the parties.
The employment contract of the employee and countersigned by an official
who has the right to employment, with the date of its signing. Signature of the
official seal of the Company, confirming the authenticity and legitimacy of the
signature.
Article 75. The term of the employment contract
Employment contracts can be concluded:
for an indefinite period;
for a fixed period not exceeding five years;
for the duration of a particular job.
If the employment contract does not specify the validity period, the contract
is concluded for an indefinite period.
The employment contract concluded for an indefinite term, can not be
renegotiated for a certain period, and for the duration of a particular job, without
the consent of the employee.
§ 2. Of a labor agreement
Article 77. Age for admission to work
Hiring allowed to sixteen.
To prepare youth for work allowed the hiring of students of secondary
schools, colleges and professional institutions to perform light work, not harmful
to their health and moral development, do not disrupt their education, in their free
time - when they reach the age of fifteen years from the written consent of a parent
or one of the persons replacing the parents.
The employment of persons under eighteen years of age shall be subject to
the requirements of Article 241nastoyaschego Code.
Article 80. Documents required when applying for a job
When hiring arriving shows the following:
passport or equivalent document, and persons under the age of sixteen years
- a birth certificate and proof of residence;
work book, except those coming to work for the first time. Persons coming
to work part-time, instead of placing employment record certificate from the
principal place of work;
military ID or registration certificate, respectively, for military service or
recruits;
diploma of higher or specialized secondary and vocational educational
institution, regarding the right to do the job or any other relevant document when
applying for a job, which is to perform in accordance with the law may be admitted
only persons with special education or special training.
When hiring may not demand from incoming documents not required by
law.
Article 81. Employment history
Employment history is the main document that confirms the seniority of the
employee.
The employer is required to keep employment records for all employees who
have been with the company for more than five days, except for part-time.
The employer is obliged to pay in the work book information for a job,
transfer to a permanent job or termination of employment. At the request of the
employee in the work book shall record the periods of part-time and temporary
transfer to another job. Grounds (reasons) the termination of the employment
contract in the work book is not recorded.
Article 82. Policies of employment
Hiring formalized by order of the employer. Basis for the issue of the order
is entered into with the employee labor contract.
Hiring manager of the company is the right company and the property owner
is provided directly and through authorized bodies or through the council, board or
other body as delegated by company management.
Head of the company conclude labor contracts with employees within the
powers granted to him by the owner of the enterprise.
Order of employment is issued in strict accordance with the contents of a
labor agreement.
The order declared the employee on receipt.
Actual permission employee to work, the official owner of the right to
employment, or with the consent of a labor agreement is considered from the start
of the work, regardless of whether the employment of appropriately decorated.
Article 83. Entry into force of the employment contract and the start of the
day
Employment contract entered into in accordance with the law, shall enter
into force upon signature. Employee is required to start execution of job duties
from the day, which is defined in the agreement.
If an employment contract is not stipulated date of commencement of work,
the employee must begin work no later than the working day (shift) following the
signing of the contract.
Article 84. Preliminary testing for employment
An employment contract may be concluded with a preliminary test in order
to:
verify that the employee assigned work;
employee making a decision on whether to continue working due to the
employment contract.
Passage of the screening test should be stipulated in the employment
contract. In the absence of such a clause is that the employee accepted without
testing.
Preliminary test is not installed in employment of pregnant women, women
with children up to three years, those designed to work at the expense of a
minimum number of jobs set for the enterprise, as well as employees with whom
an employment contract for a period of up to six months.
Article 85. Period of pre-trial
Period of pre-trial shall not exceed three months.
In the period of pre-test does not count the period of temporary disability
and other periods when an employee is absent from work for a good reason.
§ 4. Termination of employment contract
Article 97. Grounds for termination of employment contract
An employment contract may be terminated:
1) the agreement of the parties. On this basis may be terminated all
employment contract at any time;
2) at the initiative of one of the parties;
3) at the end of the term;
4) due to circumstances beyond the control of the parties;
5) on the grounds specified in the employment contract. The condition of
termination of employment may be provided for in the employment contract
concluded by the employer with the director, his deputy, Chief Accountant, and in
the absence of the company as the chief accountant - with the employee
performing the functions of the Chief Accountant and in other cases, where
permitted by law;
6) due to the failure to elect (or not entering the contest) for a new term, or
refusal to participate in the election (the competition).
Article 99. Termination of the employment contract by the employee
The employee may terminate the employment contract concluded for an
indefinite period, as well as fixed-term contract before the expiry of its term, by
notifying the employer for two weeks. Upon the expiration of the notice period the
employee has the right to stop work, and the employer must give the employee
work record and to perform the calculation.
By agreement between the employer and employee an employment contract
may be terminated before the expiry of the notice period.
During the notice period provided in paragraph one of this article or
established by agreement, the employee is entitled to withdraw the submitted
application.
If after the notice period, the labor contract with the employee was not
terminated, and labor relations are continuing, the declaration of termination of the
employment contract by the employee is void, and the termination of the
employment contract in accordance with this statement is not allowed.
In cases where the application for termination of the employment contract by
the employee due to the inability to continue their work (enrollment, retirement,
election for public office, and in other cases), the employer must terminate the
employment contract in the period, of which the employee requests.
In case of early termination of fixed-term employment contract by the
employee can be set to pay the employee a penalty as provided for in Article 104
of this Code.
Article 100. Termination of the employment contract by the employer
Termination of the employment contract for an indefinite period, as well as
fixed-term contract before its expiration by the employer must be justified.
The validity of the termination of the employment contract means for one of
these reasons:
1) changes in technology, organization of production and labor, reducing the
amount of work, which caused changes in the size (state) workers or the changing
nature of work, or liquidation of the company;
2) the employee performs the work of the discrepancy due to poor training
or poor health;
3) systematic violation of employee labor duties. Systematic violation of
labor duties recognized repetition of employee disciplinary offense within one year
from the date of bringing the employee to disciplinary or liability or of being
subjected to the impact of the measures envisaged by the laws and other
regulations on labor, for the previous violation of job duties;
4) single gross violation of the employee their job duties.
A list of single gross violation of work duties, which may be followed
termination of the employment contract the employee is determined by:
internal regulations;
employment contract between the owner of the company and head of the
company;
regulations and statutes of discipline in respect of certain categories of
workers.
The question of whether the violation was of employee job duties rough
shall be decided in each individual case, depending on the severity of the
misconduct and the consequences that this violation has caused or could cause.
5) termination of the employment contract with part time in connection with
the admission of another employee who is not a part-time, and because of
restrictions on moonlighting on working conditions;
6) the termination of the employment contract in connection with the change
of ownership with the leader of the company of his deputies, chief accountant, in
the absence of the company as the chief accountant - with the employee
performing the functions of the Chief Accountant. Termination of employment
contract on the ground allowed for three months from the date of purchase of the
enterprise in the property. In this period does not include periods of temporary
disability of the employee, while they are in holidays, statutory and other
regulations on labor, other periods of absence from work for valid reasons;
7) achieving employee retirement if the right to receive the state pension age
in line with the law.
Not allowed termination of the employment contract by the employer during
the period of temporary disability and an employee is on leave under the laws and
other regulations on labor, with the exception of cases of complete liquidation.
CHAPTER VII. WORKING HOURS
Article 114. The concept of working time
Working hours are the time during which the employee in accordance with
the routine or work schedule, or the employment contract must perform their
duties.
Article 115. Normal working hours
Normal working hours for the employee may not exceed forty hours a week.
A six-day working week, the duration of daily work may not exceed seven
hours, and a five-day work week - eight hours.
In the case of the introduction of the company calculation of the total
working time, the rules provided for in Article 123 of this Code.
Article 116. Reduced working hours
Certain categories of employees based on their age, health status, working
conditions, the specific job functions and other circumstances in accordance with
the laws and other regulations on labor, and the terms of the employment contract
is set shorter working hours without loss of pay.
Reduced working time is set:
workers under the age of eighteen (Article 242);
employees who are disabled groups I and II (the third part of Article 220);
workers employed in jobs with unfavorable working conditions (Article
117);
workers with the special nature of the work (Article 118).
women with children under three years of age and working in institutions
and organizations financed from the budget (Article 228-1).
Article 117. Reduced working hours for workers employed in jobs with
poor working conditions
Reduced working time not more than thirty-six hours a week set of workers
exposed to at work harmful physical, chemical, biological and other factors.
The list of such works at the company and the specific working hours at
their performance determined sectoral (tariff) agreements, collective agreements,
and if they are not enclosed - the employer in consultation with the trade union or
other representative body of workers on the basis of methodology for assessing
working conditions approved by the Ministry Labour and Social Protection of the
Republic of Uzbekistan and the Ministry of Health of the Republic of Uzbekistan.
For employees engaged in work in hazardous and difficult conditions, the
maximum hours of work established by the Government of the Republic of
Uzbekistan.
Article 118. Reduced working hours for employees with the special
nature of the work
Certain categories of workers (health workers, teachers and others), whose
work is associated with increased emotional, mental, nervous tension, that is, has a
special character, working time is set up to thirty-six hours a week. The list of such
employees and specific hours of work established by the Government of the
Republic of Uzbekistan.
Article 119. Half-time
By agreement between the employer and the employee may be installed
when applying for a job, and then part-time or part-time.
An employer is required to establish a part-time employee at the request in
the cases provided by this Code (Article 229), as well as legislative and other
regulations on labor.
Work on a part-time employee shall not entail any restrictions for the
duration of the annual basic leave, calculating seniority and other employment
rights and paid pro rata or according to productivity.
Article 120. Types of work week. Working hours
View of the working week (five-day week with two days or six-day work
week with one day off) and working hours (the duration of daily work (shift), start
time, end time, during breaks at work, the number of shifts per day, alternating
work and non-working days, the procedure for the transfer of employees from shift
to shift) are installed in the company internal regulations and other local
regulations, and in their absence - by agreement between the employee and the
employer.
Involvement of employees to work in two shifts in a row is prohibited.
Article 121. Duration of work before the holidays (non-working) days
Working day (shift) on the eve of public holidays (non-working) days
(Article 131) is reduced for all employees for at least one hour.
Article 122. Duration of night work
Night is the time from 22-00 hours to 6-00 hours.
Duration of night time reduced by one hour with corresponding reductions in
the working week, if not less than half of the set for the employee working day
(shift) is for the night.
Duration of night work is equated with day in those cases where it is
necessary for the conditions of production, in particular in the process industry, as
well as shift work a six-day working week with one day off.
Engaging employees to work at night shall be subject to the restrictions
specified in Paragraph pyatoystati 220 and Articles 228 and 245 of this Code.
Article 124. Overtime
Considered overtime work in excess of the employee for the duration of the
working day (shift).
Overtime work may be used with the consent of the employee.
If the duration of the work shift twelve hours, as well as works with
especially heavy and extremely dangerous conditions overtime work is not
allowed.
Attraction to work overtime shall be subject to restrictions imposed by the
fifth part of Article 220 of the ISTAT 228, 245 of this Code.
Compensation and payment of overtime work performed in accordance with
Article 157 of this Code.
CHAPTER VIII. LEISURE TIME
§ 1. Breaks, weekends and holidays
Article 126. The concept of leisure time
Leisure time - the time during which the employee is free to perform job
duties and he may use at their discretion.
Article 127. Breaks during the working day (shift)
Employee during the working day (shift) should be given a break for rest
and food, which is not included in the working hours.
While providing a break and specific amount of time set in the internal labor
regulations, the shift schedule or by agreement between the employee and the
employer.
At work, where the conditions of production to provide a break for rest and
nutrition is impossible, the employer must provide the employee the opportunity of
eating during working hours. The list of such works, the order and place the meal
set internal regulations.
Laws and other regulations on labor can be provided and other breaks during
the working day (shift).
Article 128. Daily rest
Daily rest between the end of work and the start of the next day (in shifts)
can not be less than twelve hours.
Article 129. Weekend
All employees are given the weekend (weekly rest).
A five-day working week, employees are granted two days off a week, and a
six-day working week, one day.
General rest day is Sunday.
Article 130. Limitation of involvement of the weekend
Weekend work is prohibited. Involvement of individual employees to work
on weekends at the direction of the employer shall be permitted only in exceptional
cases on the grounds and in the manner prescribed by the collective agreement, and
if it is not concluded - is determined by the employer under an agreement with the
trade union or other representative body of workers.
Engaging employees to work on their days off shall be subject to the
restrictions specified in Paragraph fifth of Article 220 and Articles 228 and 245 of
this Code.
Compensation and Payment of the weekend in accordance with Article 157
of this Code.
Article 131. Holidays (non-working) days
Others (non-working) days are:
January 1 - New Year;
March 8 - Women's Day;
March 21 - Day of Nowruz;
9 May - Memorial Day;
September 1 - Independence Day;
October 1 - Teacher's Day;
December 8 - Constitution Day
first day of the religious festival "Hayit" (Eid-al-Fitr)
the first day of the religious holiday "Kurban Khayit" (Eid al-Adha). "
§ 2. LEAVE
Article 133. The annual leave
All employees, including those working part-time, annual leave provided for
rest and recovery performance while preserving job (position) and average
earnings.
Article 134. The annual basic leave
The annual basic leave granted to employees of not less than fifteen working
days.
Article 135. Annual basic extended leave
Given the age and health of the annual basic extended leave is granted:
persons under the age of eighteen - thirty calendar days;
Disabled workers I and II - thirty calendar days.
Certain categories of workers, depending on the specific nature of their job
functions and other circumstances set extended leave under the law.
Providing extended annual leave, apart from the legal or other regulations on
labor, it can be provided as conditions of employment.
Article 136. Additional annual leave
Additional leave granted to employees:
engaged in work under adverse and special working conditions (Article
137);
performing work in difficult and unfavorable climatic conditions (Article
138);
in other cases stipulated by legislative and other normative acts of the labor
conditions of the employment contract.
Article 137. Additional annual leave for work in adverse and special
working conditions
Additional annual leave for work with poor working conditions granted to
employees who were exposed to at work harmful to the physical, chemical,
biological and other factors.
List of jobs, professions and positions in enterprises, giving the right to
additional leave, extended leave, terms and conditions of supply are determined by
sectoral agreements, the collective agreement (and if it is not - by the employer in
consultation with the trade union or other representative body of employees) based
on methodology for assessing the conditions approved by the Ministry of Labor
and Social Protection of the Republic of Uzbekistan and the Ministry of Health of
the Republic of Uzbekistan.
The minimum duration of additional leave, the conditions and procedures for
granting additional leave for work in special conditions, as well as particularly
damaging and difficult conditions established by the Government of the Republic
of Uzbekistan.
Article 138. Additional annual leave for work in difficult and
unfavorable climatic conditions
List of areas with severe and adverse climatic conditions and the length of
additional annual leave shall be specified by the Government of the Republic of
Uzbekistan.
Sectoral agreements, collective agreements may provide for the granting
employees additional annual leave and other areas with severe and adverse climatic
conditions.
Article 139. Calculation of the length of annual leave
Extended leave calculated in working days on a calendar based six-day
working week.
Holidays that fall on holiday and is not a business, in accordance with
Article 131 of this Code when determining the length of leave is not taken into
account.
Article 143. The order granting leave
The annual basic leave for their first year is granted after six months of
work.
Working year, calculated from the date of commencement of work on a
contract basis.
Until six months leave at the request of the employee provide
women - to maternity leave or after it;
disabled groups I and II;
persons under the age of eighteen years;
Conscript military service, discharged into a reserve and went to work;
part-time - simultaneously with the release of the main place of employment
and payment proportional to the time-time work;
students on the job in the public schools, higher and secondary special and
vocational schools, colleges and training courses, training and retraining, if they
want to time their annual leave at the time of examinations, tests, performance
degree, coursework, laboratory and other educational activities;
workers who lost their job due to changes in technology, organization of
production and labor, reduce the work that led to changes in the number (state)
workers, the changing nature of work, or in connection with the liquidation of the
company (paragraph 1 of the second paragraph of Article 100).
School teachers, higher and secondary special and professional education
institutions, institutes and advanced training and retraining of staff annual leave in
their first year available during the summer vacation full duration, regardless of the
time of their entry to work in this institution with payment pro rata time.
The leave must be provided annually before the end of the working year for
which it is granted.
In exceptional cases where a leave entirely in the current year is not possible
because of a production nature, with the consent of the employee part of the
holiday in excess of twelve working days, can be extended to the next business
year, during which it is to be mandates.
Never failing to annual leave to employees under the age of eighteen years,
and additional annual leave specified in Article 137 of this Code.
Annual basic rental for the second and subsequent years of work at any
given time of the year in accordance with the vacation schedule.
Article 144. Time and order granting leave
The order of granting annual leave is determined by the schedule approved
by the prior calendar year, the employer in consultation with the trade union or
other representative body of workers.
About the time of granting of leave the employee must be notified no later
than fifteen days before the holiday.
Leave at the request of the employee shall be given in the summer or any
other convenient time:
single parents (widows, widowers, divorcees, single mothers) and the wives
of military service, raising one or more children under the age of fourteen years
(with a disabled child - up to sixteen years of age);
disabled groups I and II;
participants in the war of 1941 - 1945, and equivalent to those benefits;
persons under the age of eighteen years;
students on the job in educational institutions (Article 250);
in other cases provided for by the collective agreement or the agreement.
Male workers annual leave, if they wish, provided during vacation wife on
maternity leave.
Time of leave, as scheduled, may be amended by agreement between the
employee and the employer.
Article 150. Leave without pay
Notice of an employee may be granted leave without pay for the duration of
which is determined by agreement between him and the employer.
Leave without pay at the request of the employee is provided must be
presented:
participants in the war of 1941 - 1945, and equivalent to those benefits - up
to fourteen calendar days per year;
Disabled workers I and II - up to fourteen calendar days per year;
women to care for a child aged two to three years (Article 234);
women raising two or more children under the age of twelve - fourteen
calendar days each year (Article 232);
in other cases stipulated by the laws and other regulations on labor, and the
terms of the employment contract.
Article 151. Monetary compensation for unused vacation
Cash compensation paid to the employee upon termination of employment
contract for all unused annual major and minor holidays.
Employees during the work, if they so desire, may be paid cash
compensation for annual leave in excess of the minimum of its duration (fifteen
working days), established by article 134 of this Code.
All kinds of social leave and additional leave provided for in Articles 137
and 138 of this Code, are used in the field and replacing them with monetary
compensation is not allowed.
CHAPTER IX. WAGES
Article 153. Establishing wage
Wage is set by agreement between the employer and the employee. Wages
can not be lower than the statutory minimum, and not limited to a maximum.
Forms and systems of remuneration, bonuses, bonuses, incentive payments
are set in collective agreements, as well as other local acts adopted by the employer
in consultation with the trade union or other representative body of workers.
Remuneration is typically in cash. Never pay in kind, except for the cases
established by the Government of the Republic of Uzbekistan.
For employees of institutions and organizations financed from the budget, as
well as public enterprises minimum wage conditions established by law.
In areas with adverse climatic and living conditions are established regional
rates and allowances to pay.
The list of places that use regional rates and allowances, as well as their
application and the value established by the Government of the Republic of
Uzbekistan.
Article 154. Guarantee payment
Employer, regardless of their financial status, shall within the period defined
in Article 161 of this Code, to pay an employee to perform their work in
accordance with the conditions of payment.
Wage is determined by agreement of the employment contract, can not be
lower than the collective agreement or agreement.
Article 155. The minimum wage
Monthly payment of the employee who performed the fully qualified for this
period labor standards and work duties, can not be less than the statutory minimum
wage.
The minimum wage does not include bonuses, allowances, bonuses,
increased charge for deviations from normal working hours (Article 157, 158), as
well as regional rates (part four of Article 153).
CHAPTER X. WARRANTY AND COMPENSATION
Article 165. Guarantee when the workers of the state or public duties
The employer is obliged to release the employee from work with
preservation of his place of work (position) for the duration of the state or public
duties (in the implementation of the electoral law, implementation of parliamentary
duties, participation in medical labor expert commission, the performance of
military duties when called in the investigating body , the investigator, the
prosecutor or the court as witnesses, victims, experts, specialists, interpreters, as
well as participation in trials as lay judges, prosecutors and public defenders,
representatives of public organizations and labor groups, as well as other cases
provided for by law). At the time of discharge of these duties, the employee
remains average earnings.
Article 168. Funding sources and the procedure for granting the
guarantee payments related to the performance of employees of state or
public duties, as well as the incompatibility of their activities in the public
interest
Funding sources and the procedure for granting the guarantee payments
related to the performance of employees of state or public duties (Article 165), as
well as the incompatibility of their activities in the public interest (Article 167),
established by the Government of the Republic of Uzbekistan.
Article 169. Calculation of average earnings
The procedure for calculating the average wage payable to the employee in
all cases (the production guarantee payments for temporary leave, paid wages for
temporary transfer to another job, in the case of compensation for harm when
forced absence, etc.), except for the calculation of average earnings in the pension
is determined by Government of the Republic of Uzbekistan.
Article 170. Compensation costs related to the work
Additional employee costs associated with the performance of his job duties
(Articles 171, 172, 173), shall be reimbursed by the employer on the terms and in
the manner provided by the law, collective agreements and employment contracts.
Article 172. Reimbursement when moving to a job in another district
When you move to a job in another district be reimbursed:
• travel costs and possessions;
• the cost of the device in the new location;
• other costs incurred by the employee, by agreement with the employer.
Article 173. Reimbursement for the use of property owned by the
employee
When using an employee of his property with the consent of the employer
and in their interests to compensation paid by the employer are subject to
depreciation of vehicles and the cost of their operation as well as amortization of
tools and other technical means or other property. The size and the recovery of
these costs are determined by the collective agreement, and if it is not concluded by agreement between the employee and the employer.
CHAPTER XI. LABOR DISCIPLINE
Article 174. Work schedule in the enterprise
Work schedule at the plant is determined by internal regulations approved by
the employer in consultation with the trade union or other representative body of
workers.
Article 175. Statutes and regulations on discipline
In some sectors of the economy for some categories of workers are statutes
and discipline.
Article 176. Duties of employees
The employee shall conscientiously perform their duties, the discipline of
work, on time and accurately follow the lawful orders of the employer to comply
with the technological discipline, safety regulations, safety and occupational
health, and care for the property of the employer.
Employee job responsibilities are specified in the internal regulations,
statutes and regulations on discipline, local acts adopted in the enterprise
(collective agreements, regulations, etc.), employment contract.
Article 177. Employer
The employer is obliged to organize employees, to create conditions
stipulated by the legislative and other regulations, the employment contract, to
ensure the discipline and to comply with health and safety regulations, attentive to
the needs and demands of workers, improve their conditions of work and life, to
bargain collectively in accordance with this Code.
An employer may not require an employee to perform work outside of his
job duties, committing actions that are illegal or endanger the lives and health,
humiliate or demean the employee or others.
Article 180. Incentives for labor
It can be applied to the employee incentives for success in work. Types of
promotion, the order of their application, the granting of privileges and benefits are
determined by collective agreements, internal regulations and other local acts,
collective agreements, statutes and regulations regarding discipline.
For special labor services to society and state workers can be submitted to
the state awards.
Salaries, bonuses, allowances and other payments under the salary system,
the types of promotion do not apply.
For the duration of disciplinary punishment (Article 183) incentives to the
employee shall not apply.
Article 181. Disciplinary Sanctions
For violation of labor discipline, the employer may apply to the employee
the following disciplinary action:
1) a reprimand;
2) a fine of not more than thirty percent of the average monthly salary.
Internal regulations may provide for cases applying to the employee a fine of
not more than fifty percent of the average monthly salary. Hold fine of employee's
wages made by the employer in compliance with the requirements of Article 164
of this Code;
3) termination of the employment contract (paragraphs 3 and 4 of the second
paragraph of Article 100).
Application of disciplinary measures not provided for in this Article shall be
prohibited.
CHAPTER XII. LIABILITY OF THE PARTIES TO EMPLOYMENT
CONTRACT
§ 1. GENERAL
Article 185. The duty of the employment agreement, the harm caused to
the other side
A labor contract (employer or employee), the reason for the performance of
duties at work injury to others, it shall reimburse the rules established by this Code
and other laws on labor.
A labor agreement or a written supplementary agreement to it, as well as
collective agreement may specify the liability side of the employment contract. In
this contractual liability of the employer to the employee shall not be lower, and
the employee to the employer - higher than that provided by this Code.
Termination of employment after the injury does not result in the release of
the employment contract of liability.
§ 2. EMPLOYER LIABILITY FOR ANY DAMAGE TO EMPLOYEES
Article 187. The damage to be compensated employee
The employer reimburses the employee caused to him in connection with the
performance of duties or as a result of illegal deprivation of the opportunity to
work, and in the case of death of the breadwinner, work-related,
- Family members (Article 192) of any (including moral) damage in full,
unless otherwise provided in this Code.
Moral harm (physical or mental suffering) is compensated in cash or other
tangible form and in the amount determined by agreement between the employer
and the employee, and in the case of death of the employee associated with the
performance of his job duties, by agreement between the employer and the family
members of a deceased worker. When a dispute arises in respect of non issue
before the courts.
Article 188. Obligation of the employer to reimburse the employee
injury caused by the illegal deprivation of the opportunity to work
The employer shall reimburse the employee they unearned income in all
cases of unlawful deprivation of his ability to work. Such an obligation arise if
earnings are not obtained by unlawful refusal to hire, illegal termination of the
contract or transfer the employee to another job or delayed execution of the body
for labor disputes in these cases, delays in issuing work record, distribute in any
way denigrating the employee information if they were not true, and in other cases.
Article 191. Mixed responsible parties to the employment contract in the
event of ill health worker
If the gross negligence of the victim contributed to the occurrence or
increase damage, depending on the degree of fault of the victim the amount of
compensation is reduced accordingly.
When negligence of the victim and without fault of the employer in cases
where their liability is incurred regardless of fault (part four of Article 189), the
amount of compensation is also reduced accordingly. In this case, the denial of
damages is not allowed.
Joint liability does not apply to additional compensation for the harm to the
payment of a lump sum, as well as damages in connection with the death of a
breadwinner.
Article 192. Obligation of the employer to compensate the harm in
connection with the death of a breadwinner
In cases of death of an employee due to industrial injury, occupational
disease or other health impairment related to the performance of job duties, the
employer must compensate the damage to disabled persons and persons under the
age of sixteen, were dependent on the deceased or who had the day of his death,
the right to receive maintenance from him, a child of the deceased, who was born
after his death, and one of the parents, spouse or other family member, if it does
not work and is busy looking after the children - brothers, sisters or grandchildren
of the deceased have not attained three years.
Dependency is expected and does not require proof.
Disabled are:
• persons over sixteen years of age if they were disabled before that age;
• Men who have attained the age of sixty, and women - fifty-five years;
• a person found in the prescribed manner with disabilities.
The timing of the disability of a family member (either before or after the
death of the breadwinner) does not affect his right to damages.
Students under the age of sixteen years and older have the right to
compensation before the end of full-time study in schools, but not more than
twenty-three years.
Article 193. Extent of the damage to be compensated in connection with
the death of a breadwinner
Disabled persons dependent on the deceased breadwinner, and are entitled to
compensation in connection with his death, in the amount of damage is determined
by the average monthly earnings of the deceased, net of attributable to him and
able-bodied persons, his dependents, but are not entitled to redress.
To determine the amount of compensation for damages to each of the
persons entitled to compensation, part of the earnings of breadwinner, which
accounts for all of the parties, divided by their number.
Disabled persons who are not dependent on the deceased, but have the right
to compensation, its size is determined in the following order:
• If the funds for the recoveries in the courts, the indemnity in the amount
determined by the Court;
• If the funds do not charge for the maintenance of the court, the indemnity
established taking into account their financial situation and the possibility of the
deceased during his life to help them.
If a right to compensation have both faces as dependent on the deceased, and
not his dependents, it is first determined the amount of compensation for harm to
not dependent on the deceased. Amount set by him redress excluded from earnings
breadwinner, then, based on the remaining amount of earnings is determined by the
amount of compensation for harm to dependent on the deceased, in the manner
provided by the first and second paragraph of this article.
Persons entitled to compensation for the loss of a breadwinner, they are
assigned a survivor's pension, as well as other pensions, wages, stipends and other
income in respect of redress are not counted. With the amount of compensation for
damage for each dependent can not be lower than fifty percent of the minimum
wage fixed by the law.
Article 197. Govern cases of compensation for damage caused to an
employee
A claim for damages submitted to the employer of the injured worker, and if
the employee's death - interested persons entitled to compensation.
The employer is obliged to consider the application and make a decision
within ten days from date of receipt.
Copy of the order for compensation for damages to the employee or the
employer reasoned written refusal is given to the employee or the persons
concerned within three days from the date of its adoption.
In case of disagreement the employee or persons concerned with the
decision of the employer or a lack of response on time, they can go to court to
resolve the dispute.
§ 3. WORKER'S LIABILITY FOR ANY DAMAGE TO EMPLOYER
Article 198. The damage to be compensated to the employer
The employee must reimburse the employer caused him to direct actual
damages.
Under the direct damaging means a real reduction or deterioration in the
cash assets of the employer (including property leased by the employer from third
parties), and the need for the employer to make unnecessary payments.
The employee is liable for direct actual damages suffered as a direct
employer and incurred by the latter as a result of compensation for harm to other
persons.
Article 202. Cases of full liability worker
Financial liability in full the damage caused to the employee is assigned to
the following:
1) for the failure of conservation of properties entrusted to him by a special
written agreement (Article 203);
2) for failure of conservation of properties obtained by the one-off paper;
3) intentional infliction of harm;
4) injury to the influence of alcohol, drugs or toxic substances;
5) the injury as a result of criminal acts worker established court;
6) disclosure of trade secrets;
7) under the laws and regulations of the Government of the Republic of
Uzbekistan.
Workers under the age of eighteen years shall be fully liable only for
intentional infliction of harm for harm caused to the influence of alcohol, drugs or
toxic substances or as a result of the crime.
Article 203. Full liability for the employee's failure to provide security
of property entrusted to him by a special written agreement
Employees directly serving the monetary or commodity values, bears full
responsibility for the failure of conservation of properties entrusted to him by a
special written agreement. Agreement on the full liability, concluded with an
employee in the responsibilities which does not include customer cash or
commodity values, is repealed.
With employees who have reached the age of eighteen, directly serving the
monetary or commodity values as when applying for a job, and then in addition to
the employment contract may be entered into a special written agreement of the
full liability.
Lists of categories of workers, which may enter into contracts for the full
liability, established in the collective agreement, and if it is not made - by
agreement between the employer and the trade union or other representative body
of workers. In the same order the list of units installed, where the joint
performance of the employee, directly serving the monetary or commodity values
can be administered collective (brigade) liability.
If the job (position) claimed by the employee, requires the conclusion of a
full liability, and the employee does not agree to enter into such a contract, the
employer may refuse to hire.
Agreement on full individual or collective (brigade) liability specifies
obligations of the parties of the employment contract to secure valuables entrusted
to the employee, the team (team), and sets them additional rights, duties and
responsibilities.
According to the agreement on the complete individual liability items shall
be a particular employee, who is personally responsible for the failure to preserve
them. To absolve the employee with whom a given contract, has to proof of guilt.
According to the agreement of the collective (brigade) liability values are
entrusted to a predetermined set of individuals (team), which is assigned full
liability for failure to preserve them. To absolve an individual member of the team
has to proof of guilt.
At voluntary damages (Article 206) the degree of fault of each member of
the team is determined by agreement between all the team members and the
employer. In recovering damages in court the guilt of each member of the team is
determined by the court.
In enterprises engaged in service values (storage, sale, transportation,
processing), by agreement between the employer and the trade union or other
representative body of workers can be established risk fund, through which
compensation shall be shortages.
For the harm caused to the employer where the employee was not concluded
a written agreement on full financial responsibility, and when it was awarded to the
employee, in the responsibilities which does not include customer cash or
commodity values, with a person under eighteen years of age or do not fall under
the list of categories of workers mentioned in the third part of this article, the
employee may be assigned limited liability. Full liability in these cases can be
attributed to the employee only if the grounds specified in paragraph 7.2 of Section
202 of this Code.
Article 204. Obligation of the employer to establish the size of harm and
its causes
Pending a decision on damages specific employer is obliged to test to
determine the amount of damages and identify its causes. For such verification
employer may establish a commission with the participation of relevant experts.
Vindication of the employee a written explanation to determine the cause of
damage is required. Employee's refusal to give an explanation not be an obstacle to
bring him to liability for harm caused to the employer. The employee has the right
to examine all materials inspection.
Article 207. Procedure for collecting damages
Action against the guilty employee amount of damages not exceeding the
average monthly wage is made by order of the employer. The order may be made
no later than one month from the date of detection of damage.
If the amount of damages to be recovered from the employee exceeds the
average monthly wage or expired one month from the date of detection of damage,
recovery is in court.
Article 208. Compensation for the harm caused to the company by its
head
Damage caused to the company by its head with an employment contract
with the owner of the company or its authorized body shall be reimbursed subject
to the rules set forth in this Code.
Collecting harm business leader, is in court. (Part of the Law of the
Republic of Uzbekistan from 01.05.1998, № 621-I)
CHAPTER XIII. HEALTH
Article 211. Work safety
All the enterprises should be created working conditions that meet the
requirements of safety and hygiene. Creating such conditions is the duty of the
employer.
Safety regulations established by this Code, laws and other regulations on
occupational safety and technical standards.
The employer is responsible for violations of health and safety.
Article 214. Medical examination
The employer shall arrange for a preliminary contract of employment and
periodic (in process) medical examinations of employees:
not attained the age of eighteen;
men who reach the age of sixty, women of fifty-five years;
persons with disabilities;
employed in jobs with poor working conditions, night work, and the work
associated with the traffic;
engaged in work in the food industry, commerce and other sectors directly
serving the public;
teachers and other employees of schools, kindergartens and other institutions
directly involved in the training or education of children.
List of jobs with unfavorable working conditions and other work under
which preliminary and periodical medical examinations, and how they are set by
the Ministry of Health of the Republic of Uzbekistan.
Employees specified in part one of this article, can not shirk medical
examination. When deviation of employees to undergo examinations or
noncompliance of the recommendations issued by the medical commissions on
surveys, the employer has the right not to allow them to work.
Do not use workers in jobs they contraindicated for health reasons.
The employee has the right to request a medical examination of the
extraordinary, if he believes that the deterioration of his health due to working
conditions.
Workers do not carry the cost of a medical examination.
§ 2. ADDITIONAL GUARANTEES FOR YOUTH
Article 239. Guarantee for employment of persons below eighteen years
of age
The employer is obliged to employ persons under the age of eighteen, sent
by local labor authority and other bodies in the way of employment at workplaces
because of the minimum number of jobs.
Refusal to accept a job at the expense of the minimum number of jobs is
prohibited and may be challenged in court.
All persons under the age of eighteen years shall be employed only after
passing the medical examination and further up to the age of eighteen are subject
to mandatory annual medical examination.
Article 240. Labor rights of persons under eighteen years of age
Persons under the age of eighteen years in labor relations the same rights as
adult workers, and occupational safety and health, working hours, leave and other
conditions enjoy additional privileges established for them the laws and other
regulations on labor.
Article 241. The works, which prohibits the employment of persons
under eighteen years of age
Prohibits the employment of persons under the age of eighteen years at jobs
with unfavorable working conditions, groundwater and other activities which may
damage the health, safety or morals of this category of workers.
Do not be lifting and moving of persons under eighteen years of loads that
exceed the norm.
List of works referred to in the first part of this article, and the maximum
permissible limits for lifting and moving heavy objects by persons below eighteen
years of age shall be established by the Ministry of Labor and Social Protection of
the Republic of Uzbekistan and the Ministry of Health of the Republic of
Uzbekistan in consultation with the Council of Federation of trade unions and
employer representatives.
Article 242. Reduced working hours for persons under eighteen years of
age
For workers between the ages of sixteen and eighteen hours of work is set at
thirty-six hours per week, and for those under the age of fifteen to sixteen ¬ no
more than twenty-four hours a week.
Working time students working during the school year in their free time, can
not exceed half the maximum working hours, provided the first paragraph for
individuals of appropriate age.
CHAPTER XV. LABOUR DISPUTES
Article 259. The parties and the content of individual labor disputes
Individual labor disputes - is disagreement between the employer and the
employee on the application of legislative and normative acts on labor, working
conditions, under an employment contract. In these cases, the parties to the dispute
in the interest of the worker can be a representative body of workers.
Article 260. Bodies considering individual labor disputes
Individual labor disputes are considered:
commissions for labor disputes, with the exception of disputes specified in
Article 269 of this Code;
district (city) courts.
The employee may opt for permission to apply to the labor dispute labor
dispute committee or directly to the court.
Individual labor dispute on establishing conditions treated in accordance
with Article 280nastoyaschego Code.
Article 261. The order of the individual labor disputes
The order of the individual labor disputes are governed by this Code, and
procedures for dealing with labor disputes in the district (city) courts determined,
in addition, the Civil Procedure Code of the Republic of Uzbekistan.
Article 262. The formation of a labor dispute committee
Collective bargaining agreement, and if it is not made - by agreement
between the employer and the trade union or other representative body of workers
can be provided for a commission on labor disputes.
Labor dispute commission on a parity basis by the employer and the trade
union or other representative body of workers.
Members of the commission of the trade union committee or other
representative body of workers approved the decision (decision) of the body, and
the representatives of the employer to order.
Quantitative composition and the terms of a labor dispute committee are
determined by the collective agreement, and if it is not made - by agreement
between the employer and the trade union or other representative body of workers.
CHAPTER XVI. NATIONAL INSURANCE
§ 1. GENERAL
Article 282. Dissemination of social insurance to all employees
State social insurance is required for all employees.
Article 283. Contributions for government social insurance
Contributions for government social insurance paid by employers and
insured employees themselves.
Non-payment of employer contributions to the state social insurance does
not deprive an employee of the insured the right to security from the state social
insurance.
Article 284. Types of support from the state social insurance
Insured employees, and, where appropriate, their families are provided by
the state social insurance:
temporary disability benefits, and women, in addition, benefits for
pregnancy and childbirth;
allowance at the birth of the child;
state retirement pension, disability and survivors' benefits;
other benefits provided by the law.
State social insurance funds are also used in the prescribed manner to pay for
spa treatment, relaxation, treatment (diet) food insured workers, maintenance
summer camps for children, and other activities of social insurance.
§ 2. MANUAL FOR THE STATE SOCIAL INSURANCE
Article 285. Temporary disability allowance
Temporary disability benefits paid by the disease, labor or other injury,
including injury at home, in the care of a sick family member, quarantine, spa
treatment and prosthetics.
Temporary disability benefits as a result of an industrial injury or
occupational disease shall be paid at the rate of full pay, and in other cases at the
rate of sixty to one hundred per cent of salary, depending on the duration of the
payment of employee contributions for government social insurance (total
experience), the number of minor children and dependents and other
circumstances.
The minimum size of temporary disability benefits may not be less than the
minimum wage established by law, and shall not exceed the income from which is
calculated allowance.
Article 286. Maternity allowance
Maternity allowance paid at full pay during the maternity leave (Article
233).
Article 287. Allowance at the birth of the child
At the birth of a child is given a lump sum. The allowance for every child
born and the order of payment shall be established by law.
Article 288. Funeral benefit
In case of death of the insured worker or member of his family for burial
allowance is paid at the rate and in the manner determined by law.
§ 3. PENSIONS
Article 289. Retirement pension
Retirement pension insured employees appointed on the same basis to men at age sixty years with a total length of service of at least twenty-five years, women
- at age fifty-five, with a total length of service for at least twenty years.
Certain categories of insured employees pension shall be reduced by the
pension age, and in appropriate cases - and at reduced seniority.
Article 290. Disability pension
The disability pension is appointed insured employees, recognized in
accordance with the legislation disability groups I and II as a result of:
occupational injury or disease - regardless of the length of employment;
other causes - with a corresponding total length of service, the length of
which depends on the age of the insured at the time the employee's disability.
Article 291. Survivor's pension
Survivor's pension is set to disabled members of the family of a deceased
breadwinner due to an industrial injury or occupational disease, regardless of the
duration of his employment, or upon the occurrence of death from other causes with a corresponding total length of service, the length of which depends on the
age of the insured worker on the day of death.
Article 292. The right to choose the type of pension
Insured employees (and in the case of survivors to their family members)
who are entitled to various types of government pensions, pension assigned to one
of their choosing.
Article 293. The size of state pensions
The size of the state pension is determined in the manner prescribed by law.
Article 294. Procedure for providing insured workers state pensions
The order of appointment, the calculation and payment of state pensions is
determined by law.