The purpose of this Law is to regulate relations associated with the activities of private employment agencies.
If an international treaty of the Republic of Uzbekistan establishes other rules than those stipulated by the legislation of the Republic of Uzbekistan on private employment agencies, then the rules of the international treaty shall be applied.
Private employment agency — a commercial organization that provides services to job seekers in the selection of work and employment, in the selection of personnel for employers, as well as providing information and consulting services in the field of employment.
A private employment agency must have at least two employees, including a manager with higher education.
The basic principles of the activity of private employment agencies are legality, openness and transparency, and non-discrimination.
A private employment agency cannot be created by government agencies, political parties, trade unions and religious organizations.
A private employment agency must have a company name and contain the words “Xususiy bandlik agentligi”.
The brand name “Xususiy bandlik agentligi” may only be used in accordance with the provisions of this Law. Legal entities that do not meet the requirements of Article 3 of this Law shall not be entitled to use the phrase “Xususiy bandlik agentligi” in their name and the phrases formed on their basis.
A private employment agency must have a seal containing its full company name in the state language and an indication of its location. The seal may indicate simultaneously the company name in another language.
A private employment agency has the right to have stamps, letterheads with its name and its own emblem.
The constituent documents of a private employment agency, in addition to the information established by law for certain legal forms of legal entities, must contain the following information:
The activities of a private employment agency may be carried out on the basis of its own property and (or) attracted property.
Property, including property rights, on the basis of and through which a private employment agency carries out its activities, may be the object of sale, pledge, lease and other transactions related to the establishment, amendment and (or) termination of rights and obligations.
State registration of private employment agencies is carried out through the Public service centers.
Public service centers are not entitled to refuse the applicant state registration as a private employment agency on the grounds of the inappropriateness of its creation or to establish additional requirements not prescribed by law.
Refusal of state registration of the applicant as a private employment agency, as well as violation of the terms of state registration can be appealed to the court.
If the court recognizes the decision of the registering body, as well as the actions (inaction) of its officials unlawful, they compensate the applicant for losses and compensate moral damage caused by the refusal of registration or violation of the registration term.
Job search services for job seekers in the Republic of Uzbekistan are provided on the basis of a service agreement concluded between a private employment agency and a job seeker.
dissemination of information about job seekers among employers, including using information and communication technologies;
preparation for an interview and participation in negotiations (interviews) between employers and job seekers;
Recruitment services for employers are provided on the basis of a service agreement concluded between a private employment agency and the employer.
dissemination of information about vacancies available to employers, including through the use of information and communication technologies;
participation in negotiations (interviews) between employers and candidates for filling vacant jobs;
The services of private employment agencies for the employment of persons seeking job outside the Republic of Uzbekistan are provided if they have a license to carry out activities for the employment of persons seeking job outside the Republic of Uzbekistan (hereinafter — the license).
Persons looking for work outside the Republic of Uzbekistan are provided with a written notification, which indicates the inadmissibility of charging citizens for employment services provided, as well as postal addresses and contact phone numbers of a private employment agency and the Ministry of Employment and Labor Relations of the Republic of Uzbekistan to apply in case of non-fulfillment or improper fulfillment of contractual obligations by a private employment agency.
Employment services for job seekers outside the Republic of Uzbekistan are provided on the basis of a service agreement concluded between a private employment agency and a job seeker, and include:
conducting, within its competence, negotiations (interviews), preparation of draft contracts, agreements and protocols with foreign partners on the issue of employment of persons seeking work outside the Republic of Uzbekistan;
search for potential employers, providing, based on the study of the labor market of foreign countries, information on the availability of vacancies to persons looking for work outside the Republic of Uzbekistan;
dissemination of information among foreign employers about persons wishing to carry out labor activities outside the Republic of Uzbekistan, only with their consent;
rendering assistance to persons looking for work, by carrying out preliminary preparatory measures for carrying out labor activities outside the Republic of Uzbekistan;
informing people looking for work outside the Republic of Uzbekistan about the rules of stay, working conditions, social and housing and household provision in the country of employment, legal aspects of concluding labor contracts with foreign employers;
assistance in concluding employment contracts between persons seeking work outside the Republic of Uzbekistan and employers.
From persons looking for work outside the Republic of Uzbekistan, it is prohibited to charge fees for employment services for persons looking for work outside the Republic of Uzbekistan.
Payment for employment services for persons seeking work outside the Republic of Uzbekistan is carried out at the expense of the employer.
For the provision of employment services for persons seeking work outside the Republic of Uzbekistan, private employment agencies reserve funds in the Fund for the Support and Protection of the Rights and Interests of Citizens Working Abroad, under the Ministry of Employment and Labor Relations of the Republic of Uzbekistan, in the amount of eight thousand five hundred basic settlement values, with the conditions for replenishing funds in case of spending the reserved amount, as well as returning funds in case of termination or cancellation of the license.
Information and consulting services in the field of employment are provided by private employment agencies on the basis of an agreement on the provision of information and consulting services in the field of employment. The cost of information and consulting services in the field of employment provided by private employment agencies on the basis of contracts for the provision of services in the field of employment should not exceed the size of one basic calculated value established by law.
Information and consulting services in the field of employment include providing the customer with information about the analysis and forecast of the state of the labor market and its participants, market conditions, labor legislation, as well as the provision of other information in the field of employment.
A service agreement is concluded in writing by a private employment agency with a job seeker and / or employer.
the procedure for the return of funds in case of non-fulfillment or improper performance of contractual obligations;
information on the availability of a license by a private employment agency, indicating the serial (registration) number and date of issue, when providing employment services for people seeking job outside the Republic of Uzbekistan.
The contract for the provision of services by a private employment agency is registered in real time in the labor-migration information system of the Ministry of Employment and Labor Relations of the Republic of Uzbekistan.
To provide employment services for persons seeking work outside the Republic of Uzbekistan, a private employment agency concludes a cooperation agreement with a foreign employer and (or) a foreign partner.
An agreement on cooperation of a private employment agency with a foreign employer and (or) a foreign partner for the employment of persons seeking work outside the Republic of Uzbekistan is drawn up in writing and must include:
the conditions of employment of persons seeking work outside the Republic of Uzbekistan (type of profession or specialty, the amount of remuneration, the number of allocated quotas, the duration of working hours, the procedure for transportation to the place of work and back, social protection in case of job loss, the organization of sanitary and hygienic measures, labor protection and recreation, compensation in the event of an industrial accident or occupational disease and other conditions);
The text of the agreement on cooperation of a private employment agency with a foreign employer and (or) a foreign partner in the employment of persons seeking work outside the Republic of Uzbekistan is posted on the official website of the private employment agency.
Provision by a private employment agency of employment services for persons seeking work outside the Republic of Uzbekistan without concluding an agreement on cooperation of a private employment agency with a foreign employer and (or) a foreign partner for the employment of persons seeking work outside the Republic of Uzbekistan is prohibited.
receive information from public authorities and management for activities in the field of employment;
receive documents and information necessary for employment from jobseekers, as well as from employers;
refuse to provide services if the job seekers and employers fail to provide the necessary documents and information on employment issues.
present a license at the request of the employer or a person seeking job outside the Republic of Uzbekistan;
provide, at the request of the Ministry of Employment and Labor Relations of the Republic of Uzbekistan, information about their activities;
register contracts for the provision of services in real time in the labor-migration information system of the Ministry of Employment and Labor Relations of the Republic of Uzbekistan;
notify the Ministry of Employment and Labor Relations of the Republic of Uzbekistan within seven working days about changes in information about a private employment agency, as well as about its branches and (or) representative offices.
receive information from the private employment agency on the progress of the implementation of the agreement on the provision of assistance services for job seekers, the selection of personnel for employers, as well as the provision of information and advisory services in the field of employment;
demand termination of the contract for the provision of services in the event of failure by a private employment agency to comply with the terms of the contract and in other cases provided for by law;
demand compensation for losses and non-pecuniary damage caused by the termination of the contract for the provision of services through the fault of a private employment agency;
in case of violation of their rights and legitimate interests, apply to the relevant state bodies, organizations for the protection of consumer rights, associations of private employment agencies or the court.
timely pay for services in accordance with the terms of service agreements concluded with private employment agencies;
provide the private employment agency with reliable and complete information and documents necessary for them to carry out their activities.
monitors compliance by private employment agencies with legal requirements, including licensing requirements and conditions;
publishes in the media and on the official website of the Ministry of Employment and Labor Relations of the Republic of Uzbekistan the information contained in the Register of private employment agencies, and information on the issuance, re-registration of a license, suspension, renewal and termination of a license, and cancellation of a license.
In order to monitor the compliance of private employment agencies with the requirements of the legislation, the Ministry of Employment and Labor Relations of the Republic of Uzbekistan has the right to inspect the activities of private employment agencies (without interfering with financial and economic activities). At the same time, inspections are carried out in the manner of notifying the Commissioner under the President of the Republic of Uzbekistan for the protection of the rights and legitimate interests of business entities by registering them in the Unified System of Electronic Registration of Inspections. When checking the activities of private employment agencies, officials of the Ministry of Employment and Labor Relations of the Republic of Uzbekistan, within their competence, have the right to:
receive from officials of private employment agencies written explanations on the facts of violations revealed during the inspection, as well as the necessary duly certified copies of documents.
Register of private employment agencies — a single information database containing updated records of private employment agencies.
The Register of private employment agencies should contain basic information about private employment agencies:
date of issue (re-registration, suspension, renewal, termination, cancellation, issue of duplicates) and license number (if any).
The information contained in the Register of private employment agencies is available on the official website of the Ministry of Employment and Labor Relations of the Republic of Uzbekistan.
For inclusion in the Register of private employment agencies, a legal entity shall submit the following documents to the Ministry of Employment and Labor Relations of the Republic of Uzbekistan:
a license in the implementation of activities for the employment of persons seeking job outside the Republic of Uzbekistan;
a copy of the payment document confirming that the applicant has paid a fee for considering the application in the amount of one basic calculated amount.
The requirement for a legal entity to submit documents not provided for by this article is not allowed.
Documents required for inclusion in the Register of private employment agencies are submitted by a legal entity to the Ministry of Employment and Labor Relations of the Republic of Uzbekistan directly, through postal services or in electronic form with a notification of their receipt. Documents submitted in electronic form are confirmed by electronic digital signature of the head of the legal entity.
The submitted documents are accepted according to the inventory, which is immediately issued (sent) to the applicant with a note on the date of receipt of the documents.
The Ministry of Employment and Labor Relations of the Republic of Uzbekistan within three days considers and informs the applicant about his inclusion in the Register of private employment agencies or sends a reasoned refusal.
If a decision is made to refuse inclusion in the Register of private employment agencies, a notice of refusal is issued (sent) to the applicant in writing indicating the specific reasons for the refusal.
The applicant, having eliminated the reasons indicated in the notification, may submit documents for re-consideration within thirty calendar days.
In case of repeated appeal in case of revealing the fact that the applicant does not eliminate the reasons that served as the basis for the refusal to include private employment agencies in the Register, the documents are not reviewed again, and the submitted documents are returned to the applicant.
Refusal to include private employment agencies in the Register after eliminating the reasons specified in the notification that served as the basis for refusal is not allowed.
The provision of services provided for by this Law is not allowed for legal entities not included in the Register of private employment agencies.
Employment activities of job seekers outside the Republic of Uzbekistan are carried out on the basis of a license.
The license is issued by the Ministry of Employment and Labor Relations of the Republic of Uzbekistan for an unlimited period.
Licensing requirements and conditions for the implementation of employment activities of persons seeking job outside the Republic of Uzbekistan are:
obtaining by the employees of a legal entity a qualification certificate at least once every three years in the manner established by the licensing authority;
creation of the necessary conditions for the implementation of this activity, including the availability of own or leased premises, the use of the appropriate material and technical base, other technical means;
reservation by the license applicant in the Fund for Support and Protection of the Rights and Interests of Citizens Working Abroad, under the Ministry of Employment and Labor Relations of the Republic of Uzbekistan, funds in the amount of eight thousand five hundred base calculated values.
The licensing procedure for the employment of persons seeking job outside the Republic of Uzbekistan is determined by the Cabinet of Ministers of the Republic of Uzbekistan.
Private employment agencies keep records and reports. Reporting on the choice of a private employment agency may be on paper and / or in electronic form. The reporting of a private employment agency submitted in electronic form is confirmed by an electronic digital signature of the head of a private employment agency. The government is encouraging private employment agencies to keep records electronically by distributing on soft terms or free software.
A private employment agency submits reports only to state statistics bodies and state tax authorities, as well as information about its activities to the Ministry of Employment and Labor Relations of the Republic of Uzbekistan.
State bodies are prohibited from establishing additional types of reporting for private employment agencies that are not prescribed by law.
Private employment agencies in order to provide services in the field of employment of the population interact with state bodies and other organizations.
State bodies and other organizations interact with and assist private employment agencies in the following areas:
attraction to participation in competitions for obtaining a state order for the training of personnel with professions and qualifications that are in demand in economic sectors, as well as the provision of other services in the field of employment of the population;
at the request of private employment agencies, the provision of data on vacant and created jobs, as well as on job seekers;
involvement in the implementation of programs and projects aimed at ensuring employment, including abroad;
joint preparation and conduct of information campaigns, conferences, symposia, seminars in the field of employment of the population.
Private employment agencies have the right to create associations of private employment agencies in order to represent and protect common interests.
development and implementation of a set of measures to create favorable conditions for them, strengthen their material and technical base;
taking measures to expand their participation in the implementation of programs and projects in the field of employment and employment;
providing them with legal, economic, statistical, industrial-technological, scientific-technical and other information necessary for their effective activities;
establishing in the field of employment benefits and preferences for taxes, other obligatory payments and tariffs;
assistance in training, retraining and advanced training of employees of private employment agencies.
State stimulation of private employment agencies can be carried out in other ways in accordance with the law.
The liquidation of a private employment agency is carried out by decision of its founders or its body authorized by the constituent documents, or by decision of the court.
Upon liquidation of a private employment agency, workers released shall be guaranteed compliance with their rights and legitimate interests.
A private employment agency is considered to be liquidated after making an entry on liquidation in the relevant state register of the registering body with notification of the Ministry of Employment and Labor Relations of the Republic of Uzbekistan.
The Ministry of Employment and Labor Relations of the Republic of Uzbekistan and other interested organizations shall ensure the execution, communication to the performers and clarification among the population of the essence and significance of this Law.
2. the art two of Article 57 of the Labor Code of the Republic of Uzbekistan, approved by the Law of the Republic of Uzbekistan dated December 21, 1995 No. 161-I (Bulletin of the Oliy Majlis of the Republic of Uzbekistan, 1996, annex to No. 1; 1997, No. 2, Article 65 ; 1998, No. 5-6, Article 102, No. 9, Article 181; 1999, No. 1, Article 20, No. 5, Articles 112, 124, No. 9, Article 229; 2001, No. 5, Article 89, No. 9-10, Article 182; 2002, No. 1, Article 20, No. 9, Article 165; Gazette of the Oliy Majlis of the Republic of Uzbekistan, 2005, No. 9, Article 312; 2009, No. 12, Articles 470, 471; 2010, No. 12, Article 472; 2012, No. 9/1, Article 238; 2013, No. 4, Article 98, No. 10, Article 263; 2014, No. 1, Article 2; 2015, No. 8, Article 312; 2016, No. 4, Article 125, No. 12, Article 383; 2017, No. 9, Article 510, No. 10, Article 605; 2018, No. 1, Article 1, No. 4, Article 224), after the words “through the free intermediation of labor authorities” supplement with the words “as well as through the services of private employment agencies”.
Disputes related to the activities of private employment agencies are resolved in the manner prescribed by law.
Persons guilty of violating the legislation on private employment agencies are liable in the prescribed manner.