Internal labor regulations
Appendix to Order No. 41-F of the Republican Center for Spirituality and Enlightenment dated 8 April 2024
INTERNAL LABOR REGULATIONS OF THE REPUBLICAN CENTER FOR SPIRITUALITY AND ENLIGHTENMENT
I. General provisions
1.1. These Internal Labor Regulations (hereinafter - the Regulations) have been prepared at the Republican Center for Spirituality and Enlightenment (hereinafter - the Center) in accordance with the Labor Code of the Republic of Uzbekistan, the Model Internal Labor Regulations for enterprises, institutions and organizations regardless of departmental affiliation, forms of ownership and economic management, registered by the Ministry of Justice on 14 June 1999 under No. 746, and other acts of labor legislation, and constitute the principal local normative act governing the conclusion, amendment and termination of an employment contract with employees of the Center (hereinafter - Employees), the use of working time and rest time, the maintenance of labor discipline, and the resolution of other matters arising between the management of the Center and employees (hereinafter - the parties).
1.2. Compliance with the Regulations is mandatory for the parties; failure to comply serves as grounds for liability in the manner established by legislation.
1.3. Appeals by employees of the Center to the management of the Center shall be made in writing (notice, letter, application).
II. Rights and obligations of the parties
2.1. Principal rights of the Center (Employer)
to conclude, amend and terminate employment contracts with employees in the manner and on the conditions provided for by the Labor Code of the Republic of Uzbekistan and other laws;
to initiate collective bargaining and conclude collective agreements;
to encourage employees for conscientious and efficient work;
to require employees to perform their labor duties and to treat with care the employer's property (including property of third parties held by the employer where the employer is responsible for the safekeeping of such property), and to observe the internal labor regulations;
to impose disciplinary liability on employees in the manner established by the Labor Code of the Republic of Uzbekistan;
to impose material liability on employees for direct actual damage caused to the employer both directly by the employee and arising for the employer as a result of compensating damage caused to other persons;
to adopt internal documents;
The Employer may also have other rights in accordance with labor legislation, other legal acts on labor, and the employment contract.
2.2. Obligations of the Center (Employer)
to comply with labor legislation and other legal acts on labor, and with the terms of employment contracts;
to provide employees with the work stipulated in the employment contract;
when hiring, during the employment relationship, and when terminating an employment contract with an employee, not to permit violations of the requirements of the Labor Code of the Republic of Uzbekistan prohibiting discrimination in the sphere of labor and occupations;
not to permit the use of forced labor or the worst forms of child labor;
to ensure occupational safety and working conditions that meet the normative requirements of labor protection;
to provide employees with the means necessary for the performance of their labor duties;
to pay wages due to employees in full and within the time limits established in accordance with the Labor Code of the Republic of Uzbekistan, the collective agreement, the internal labor regulations, other internal documents, and employment contracts;
to conduct collective bargaining and conclude a collective agreement in the manner established by the Labor Code of the Republic of Uzbekistan;
to provide employees' representatives with complete and reliable information necessary for concluding a collective accord and a collective agreement and for monitoring their performance;
to inform employees of their right to associate;
to acquaint employees, against written acknowledgment, with adopted internal documents directly related to their labor activity;
to timely execute the instructions of state labor inspectors and of officials of other state bodies authorized to inspect and supervise compliance with labor legislation and other legal acts on labor;
to hire employees with whom this employer previously terminated an employment contract in cases where their workplace is retained in connection with election to elective offices in state bodies;
to timely consider instructions and submissions of the relevant trade-union bodies and of other representatives elected by employees concerning identified violations of labor legislation and other legal acts on labor, take measures to eliminate the identified violations, and report the measures taken to those bodies and representatives;
to ensure that the everyday needs of employees related to the performance of their labor duties are met;
to ensure compulsory state social insurance of employees against occupational accidents and occupational diseases, as well as compulsory insurance of the employer's civil liability;
to compensate employees for material damage caused in connection with the performance of their labor duties, in the manner and on the conditions established by labor legislation;
Other obligations may also be imposed on the Employer in accordance with labor legislation, other legal acts on labor, and the employment contract.
2.3. Principal labor rights of employees
to conclude, amend and terminate an employment contract in the manner and on the conditions established by the Labor Code of the Republic of Uzbekistan and other laws;
to be provided by the employer with the work stipulated in the employment contract;
to have a workplace that meets labor-protection requirements;
to receive wages in a timely manner and in full in accordance with one's qualifications, the complexity of the work, and the quantity and quality of work performed;
to rest, ensured by establishing limits on the duration of working time, reduced working time for certain occupations and categories of employees, weekly days of rest, non-working holidays, and annual labor leave;
to have working conditions that meet safety and hygiene requirements, and to receive complete and reliable information on working conditions at the workplace and on labor-protection requirements;
to vocational training, retraining and advanced training in accordance with labor legislation, other legal acts on labor, and the employment contract;
to associate in trade unions and other organizations in order to represent and protect their labor rights, freedoms and legitimate interests;
to receive information on collective accords and the collective agreement, and on the performance of their terms, including through their representatives;
to compensation for material damage caused to the employee in connection with the performance of labor duties, and to compensation for moral harm, in the manner established by labor legislation;
to protect their labor rights, freedoms and legitimate interests by all means not prohibited by law;
to resolve labor disputes in the manner established by the Labor Code of the Republic of Uzbekistan and other laws.
An employee may also have other rights in accordance with labor legislation, other legal acts on labor, and the employment contract.
2.4. Obligations of employees
to comply with labor legislation and other legal acts on labor, and with the terms of employment contracts;
to perform conscientiously the labor duties assigned by the employment contract;
to observe the internal labor regulations;
to observe labor discipline;
to fulfill the established labor norms;
to observe labor-protection requirements, technological discipline, and rules of occupational safety and industrial sanitation;
to treat with care the employer's property (including property of third parties held by the employer where the employer is responsible for the safekeeping of such property);
to compensate the employer for material damage caused, in the manner and within the limits established by the Labor Code of the Republic of Uzbekistan;
to immediately notify the employer or the immediate supervisor of the occurrence of a situation that threatens the life and health of persons or the safekeeping of the employer's property (including property of third parties held by the employer where the employer is responsible for the safekeeping of such property);
not to commit acts that impede other employees in the performance of their labor duties.
Other obligations may also be imposed on an employee in accordance with labor legislation, other legal acts on labor, and the employment contract.
III. Procedure for concluding, amending and terminating an employment contract
3.1. Hiring at the Center is permitted from the age of sixteen for persons who have labor legal capacity and capacity to act, in accordance with Article 20 of the Labor Code of the Republic of Uzbekistan.
For the purpose of preparing young people for work, hiring of pupils of general secondary, secondary specialized and vocational education organizations, vocational schools, colleges and technical schools to perform, in their free time from studies, light work that does not harm their health or moral development and does not disrupt the learning process is permitted from the age of fifteen with the written consent of one of the parents (or a person acting in their stead).
Hiring of persons under eighteen years of age and the use of their labor shall be carried out in compliance with the requirements provided for in Articles 411-422 of the Labor Code of the Republic of Uzbekistan.
3.2. Unlawful refusal to hire is not permitted.
The following constitute unlawful refusal to hire:
violation of the requirements prohibiting discrimination in the sphere of labor and occupations;
failure to hire persons invited to work by the employer;
failure to hire persons with whom the employer is obliged by law to conclude an employment contract (persons referred for work against the established minimum number of workplaces, persons with whom the employer terminated an employment contract on particular grounds, upon their rehiring, and others);
refusal to hire for reasons related to pregnancy or the presence of children;
refusal to hire persons on account of a criminal record, including an expunged or spent criminal record, except in cases provided for by legislation, or refusal to hire in connection with a criminal record of their close relatives, including an expunged criminal record;
in other cases provided for by legislation.
In the event of refusal to hire, the employer shall, at the request of the person refused employment, within three days provide a written statement of the reasons for refusal signed by an official authorized to hire. Refusal to provide a written statement does not preclude appeal against an unlawful refusal to hire.
3.3. Hiring is formalized by an order of the head of the Center. The basis for issuing the order is an application and an employment contract concluded with the employee.
3.4. The list of documents required for concluding an employment contract includes:
a passport or a document replacing it, or an identification ID card; for persons under sixteen years of age - a birth certificate or an identification ID card;
a paper labor record book certified at the last place of work, or an extract from the electronic labor record book, except for persons entering employment for the first time. Persons entering employment on a part-time (secondary employment) basis shall, instead of a labor record book, submit a certificate of the established form from the principal place of work;
for persons liable for military service or conscripts - respectively a military service card or a certificate of registration for military service;
a diploma of completion of a higher or secondary specialized or vocational education organization; and, when entering work that may be performed only by persons with special education or special training - a certificate or other relevant document conferring the right to perform such work;
the taxpayer identification number;
the personal identification number of an individual (where available);
an accumulative pension booklet, except for persons entering employment for the first time.
3.5. When hiring, it is prohibited to require from a person entering employment documents not provided for by the Labor Code of the Republic of Uzbekistan or by other legislative acts.
3.6. An employment contract with each employee, including an employee hired on a part-time (secondary employment) basis, shall be concluded in writing in two copies, one copy to be retained by each party. The employment contract is confirmed by the signatures of the head of the Center and the employee, sealed with the seal of the Center, and an order is issued. The order is brought to the employee's attention, and a written acknowledgment of familiarization is obtained from the employee.
3.7. An employment contract with an employee may be concluded with a preliminary probationary period for the purpose of:
verifying the employee's suitability for the work assigned;
enabling the employee to decide whether it is appropriate to continue the work stipulated in the employment contract.
The condition of undergoing a preliminary probationary period must be stipulated in the employment contract. In the absence of such a condition, the employee is deemed to have been hired without a preliminary probationary period.
A preliminary probationary period is not established upon hiring for:
a pregnant woman, a woman with a child under three years of age, or a father (guardian) raising alone a child under three years of age;
persons from socially vulnerable categories of the population referred for placement in reserved workplaces;
graduates of higher education organizations who studied on the basis of state grants and who, within three months from the date of graduation, take up work in the specialty obtained under a placement assignment;
graduates of general secondary, secondary specialized, professional and higher education organizations who independently take up employment in the specialty obtained upon first entering work within one year from the date of graduation from the relevant education organization;
employees with whom an employment contract is concluded for a term of up to six months;
persons under eighteen years of age;
persons with whom the employer previously terminated an employment contract on particular grounds, upon their rehiring;
trainees who have completed training with this employer under a production-training contract;
other employees provided for in collective accords, as well as in the collective agreement and the employer's internal documents.
A preliminary probationary period may be established only upon hiring an employee. Establishment of a preliminary probationary period upon transfer of an employee to other work or upon secondment to another employer is not permitted.
3.8. The preliminary probationary period for an employee hired by the Center shall not exceed three months, and for deputy heads, the head of the Finance and Economics Department, and heads of separate units - six months.
Periods of temporary incapacity for work and other periods when the employee was in fact absent from work are not counted toward the preliminary probationary period.
During the preliminary probationary period, labor legislation and other legal acts on labor apply to the employee in full. The preliminary probationary period is included in length of service, including length of service conferring the right to annual labor leave.
3.9. Before the expiry of the preliminary probationary period, either party is entitled to terminate the employment contract by giving the other party written notice of at least three days.
3.10. The employer is entitled, on its own initiative during the preliminary probationary period, to terminate the employment contract with an employee if the result of the probation is unsatisfactory, stating the reasons that served as grounds for recognizing that the employee failed the probation.
3.11. The basis for termination of an employment contract at the employee's initiative during the preliminary probationary period is the employee's written application reflecting the employee's genuine desire to end the employment relationship. The reasons that led the employee to decide to terminate the employment contract are immaterial.
3.12. The grounds for termination of an employment contract with an employee are as follows:
1) agreement of the parties (Article 157 of the Labor Code of the Republic of Uzbekistan);
2) expiry of the term of the employment contract (Article 158 of the Labor Code of the Republic of Uzbekistan);
3) termination of the employment contract at the employee's initiative (Article 160 of the Labor Code of the Republic of Uzbekistan);
4) termination of the employment contract at the employer's initiative (Article 161 of the Labor Code of the Republic of Uzbekistan);
5) the employee's refusal to continue work in connection with reorganization of the Center or a change in departmental affiliation (subordination) (part five of Article 156 of the Labor Code of the Republic of Uzbekistan);
6) the employee's refusal to continue work under new terms of employment (part four of Article 137 of the Labor Code of the Republic of Uzbekistan);
7) the employee's refusal to relocate for work together with the employer (part five of Article 146 of the Labor Code of the Republic of Uzbekistan);
8) the employee's refusal to transfer to other work not contraindicated by the employee's health in accordance with a medical opinion, or the absence of suitable work with the employer (part two of Article 143 of the Labor Code of the Republic of Uzbekistan);
9) circumstances beyond the control of the parties (Article 168 of the Labor Code of the Republic of Uzbekistan);
10) failure to be elected for a new term or to pass a competitive selection, or refusal to take part in an election or competition (Article 169 of the Labor Code of the Republic of Uzbekistan);
11) grounds provided for in the employment contract in cases where the Labor Code of the Republic of Uzbekistan or other laws provide for the possibility of stipulating in employment contracts concluded with particular categories of employees a condition on additional grounds for terminating the employment relationship.
An employment contract may also be terminated on other grounds provided for by the Labor Code of the Republic of Uzbekistan and other laws.
3.13. An employee may submit an application to terminate the employment contract at any time (during a period of temporary incapacity for work, while on leave, or while on a business trip). Such periods are included in the notice period for termination of the employment contract.
3.14. During the notice period, the terms of employment continue to apply to both parties on general grounds.
The employee retains the right to withdraw an application submitted during the notice period.
The term of an employment contract concluded to replace a temporarily absent employee whose workplace is retained is deemed to expire on the day that employee returns to work.
3.15. The head of the Center is entitled to terminate the employment contract where the following culpable conduct by the employee is present:
systematic breach by the employee of labor duties (Article 161 of the Labor Code of the Republic of Uzbekistan, part two, paragraph 4);
a single gross breach by the employee of labor duties (Article 161 of the Labor Code of the Republic of Uzbekistan, part two, paragraph 5).
3.16. Systematic breach of labor duties means the repeated commission by an employee of a disciplinary offense within one year from the date on which the employee was subjected to disciplinary or material liability, or on which measures of influence provided for by labor legislation and other legal acts on labor were applied to the employee, for a previous breach of labor duties.
3.17. The following constitute a single gross breach of labor duties:
breach of executive discipline, including causing substantial damage as a result of failure to ensure, or improper performance of, decrees, orders and instructions of the President of the Republic of Uzbekistan, decisions of the Oliy Majlis, and resolutions and orders of the Cabinet of Ministers;
refusal to perform functional duties;
breach of rules of ethical conduct on two or more occasions;
absence from work without valid reasons for more than 3 hours during one working day;
appearing at work under the influence of alcohol, narcotics or toxic substances (where confirmed by a medical opinion);
corrupt practices using one's official position (where the circumstance is confirmed in accordance with legislation);
insulting members of the labor collective, that is, intentional humiliation of a person's honor and dignity, or defamation (where the circumstance is confirmed in accordance with legislation);
theft of the Center's property or causing substantial damage;
gross breach of safety rules or production technology that endangered the life and health of other employees, including the offender;
commission of an offense outside working hours (on days of rest, holidays, or during leave) that damaged the reputation of the Center;
dissemination and/or other disclosure of documents containing information that must be kept confidential in connection with the Center's activity (where the circumstance is confirmed in accordance with legislation).
IV. Ensuring labor discipline and liability
4.1. Labor discipline is the mandatory subordination of all employees to rules of conduct established in accordance with labor legislation, collective accords, the collective agreement, as well as the internal labor regulations, other internal documents, and the employment contract.
The employer shall create the necessary conditions for employees to observe labor discipline in accordance with labor legislation, other legal acts on labor, and the employment contract.
Labor discipline is ensured by creating the necessary socio-economic and organizational-technical conditions for normal work, by methods of encouragement and reward for conscientious work, and by applying measures of penalty to employees who breach labor (official) duties.
4.2. Measures of encouragement may be applied to an employee for achievements at work.
4.3. For proper performance of labor duties, achievement of high results at work, and other achievements at work, the following forms of encouragement are applied to employees:
Certificate of Honor;
letter of appreciation;
cash bonus;
award of a valuable gift.
For special labor services to the state and society, employees may be nominated for a state award in the manner established by legislation.
During the period of validity of a disciplinary penalty, measures of encouragement are not applied to the employee, including bonuses that are not part of the wage system and are not based on work results (in connection with holidays, including professional holidays, anniversaries, and the like).
4.4. Encouragements are as a rule announced by an order of the Center upon the recommendation of deputy heads, the head of the structural unit in which the employee works, or the labor collective (trade-union committee).
4.5. For breach of labor discipline, the head of the Center applies the following disciplinary penalties to the employee:
1) reprimand;
2) a fine not exceeding thirty percent of average monthly wages. The internal labor regulations may provide for cases in which a fine not exceeding fifty percent of average monthly wages may be imposed on an employee. Deduction of the fine from the employee's wages is carried out by the employer in compliance with the requirements of Articles 269 and 270 of the Labor Code of the Republic of Uzbekistan;
3) termination of the employment contract (paragraphs 4 and 5 of part two of Article 161 of the Labor Code of the Republic of Uzbekistan).
Application of disciplinary penalties not provided for by the Labor Code of the Republic of Uzbekistan and other laws is not permitted.
4.6. Before applying a disciplinary penalty, the employer shall require a written explanation from the employee, including where the disciplinary offense was established as a result of an official inquiry. The employee's refusal to provide a written explanation does not preclude application of a disciplinary penalty and is formalized by an act indicating the witnesses present.
4.7. Only one disciplinary penalty may be applied for each disciplinary offense. The right to choose the disciplinary penalty belongs to the employer. When applying a disciplinary penalty, the gravity of the offense committed, the circumstances of its commission, and the employee's prior work and conduct are taken into account.
4.8. Application of a disciplinary penalty to an employee is formalized by an order of the employer.
4.9. An order on application of a disciplinary penalty to an employee is announced to the employee against written acknowledgment, stating the reasons for the penalty, within three working days from the date of its adoption, not counting time when the employee was absent from work.
4.10. An employee who has not been acquainted with the order on application of a disciplinary penalty is deemed not to have a disciplinary penalty.
4.11. An employee's refusal to acquaint himself or herself with the order on application of a disciplinary penalty is formalized by an act indicating the witnesses present. In such a case the employee is deemed to have been acquainted with the order.
4.12. The period of validity of a disciplinary penalty shall not exceed one year from the date of its application; if within one year from the date of application of a disciplinary penalty no new disciplinary penalty is applied to the employee, the employee is deemed not to have been subjected to a disciplinary penalty, and the disciplinary penalty terminates automatically without issuance of an order by the employer.
The employer is entitled to lift a disciplinary penalty early before the expiry of one year on its own initiative, upon a petition of the employee's immediate supervisor or the trade-union committee, or at the employee's request.
Early lifting of a disciplinary penalty is formalized by an order of the employer.
4.13. Where an employee causes material damage to the Center, the employee, in addition to a disciplinary penalty, bears material liability in the manner established by legislation.
Termination of the employment contract with an employee after material damage has been caused does not release that party to the contract from material liability.
V. Working time and rest time
5.1. Working time is the time during which an employee is required to perform labor duties in accordance with the work schedule or the terms of the employment contract.
Working hours are from 09:00 to 18:00, with a lunch break from 13:00 to 14:00.
5.2. A five-day working week with a daily working duration of eight hours is established. For all employees, weekly rest consists of two days off (Saturday and Sunday).
5.3. On the eve of holidays (non-working days), the duration of the working day for employees is reduced by one hour.
5.4. By agreement between the employee and the head of the Center, either upon hiring or subsequently, a part-time working day or a part-time working week may be established.
Work under a part-time working-time arrangement does not constitute grounds for any limitation of the duration of the employee's annual basic labor leave, calculation of length of service, or other labor rights.
5.5. Engagement by the employer of an employee in work beyond the working-time duration established for the employee is deemed overtime work; overtime work is performed with the employee's consent.
Engagement by the employer of an employee in overtime work without the employee's consent is carried out in the manner established by Article 189 of the Labor Code of the Republic of Uzbekistan.
The duration of overtime work for an employee shall not exceed four hours over two consecutive days (on work with unfavorable working conditions - two hours per day) and one hundred twenty hours per year; the employer shall ensure accurate recording of the duration of the employee's overtime work.
5.6. Engagement of certain categories of employees to work on days of rest and holidays (non-working days) is permitted in exceptional cases on the basis of an order of the Center by agreement with the trade-union committee.
5.7. An employee's consent to work on a day of rest or a non-working holiday may be obtained by the employee submitting a relevant application or by the employee signing the employer's order stating that the employee agrees to work on a day of rest or a non-working holiday.
Where an employee is engaged to work on a day of rest or a non-working holiday without the employee's consent, the employer's order must state the special circumstance provided for in Article 210 of the Labor Code of the Republic of Uzbekistan.
At the employee's request, overtime work may be compensated, instead of increased pay, by granting additional rest time corresponding to the duration of overtime worked. In such a case overtime work is paid at a single rate, and the rest time is not paid.
5.8. All employees, including those working on a part-time (secondary employment) basis, are granted annual labor leave with retention of the workplace and average wages.
The right to use annual labor leave for the first working year arises for an employee after six months of continuous work with the given employer. By agreement of the parties to the employment contract, leave may also be granted to the employee before the expiry of six months of work.
5.9. The order of granting annual leave is determined in accordance with a schedule approved before the start of the calendar year by agreement of the head of the Center with the trade-union committee.
VI. Procedure for resolving disputes arising between the parties to an employment contract
6.1. Every employee has the right to protection of labor rights provided for by legislation, the Center's internal normative acts, and the employment contract, including judicial protection, as well as the right to receive qualified legal assistance.
6.2. Every employee who considers his or her rights to have been violated is entitled to apply independently or with the participation of a trade union to the head of the Center orally or in writing. A written reply is sent to the employee after the application has been considered on the merits.
6.3. If in the said case a dispute arises between the employee and the head of the Center, or if the employee is not satisfied with the reply of the head of the Center, the employee is entitled to apply directly to a court.
6.4. All working employees and newly hired employees must be acquainted with these Regulations.
6.5. The Internal Labor Regulations may be revised on the basis of new requirements, with repeal of those previously in force, where the requirements of current legislation change (where new labor legislation is adopted).
6.6. Other relations not regulated by the Internal Labor Regulations are regulated by labor legislation.
