Article 1. Amendments and additions shall be introduced to the Law of the Republic of Uzbekistan “On labour protection” No. 839-XII of May 6, 1993 (Bulletin of the Supreme Council of the Republic of Uzbekistan, 1993, No. 5, Article 223; Bulletin of the Oliy Majlis of the Republic of Uzbekistan, 1998, No. 5-6, Article 102; 2001, No. 5, Article 89; 2002, No. 1, Article 20) and it shall be approved in a new edition (attached).

Article 2. The Cabinet of Ministers of the Republic of Uzbekistan shall:

bring its resolutions into conformity with this Law;

ensure that state administration bodies review and repeal their regulatory legal acts that contradict this Law.

Article 3. This Law shall enter into force three months after the date of its official publication.

The purpose of this Law is to regulate relations in the field of labour protection.

Legislation on labour protection consists of this Law and other legislative acts.

If an international treaty of the Republic of Uzbekistan establishes rules other than those provided by the legislation of the Republic of Uzbekistan on labour protection, the rules of the international treaty shall apply.

This Law applies to:

employees in labour relations with enterprises, institutions and organizations (hereinafter referred to as organizations), as well as with individual employers;

students of higher education institutions undergoing industrial practice, pupils of secondary special and vocational education institutions, and trainees of other educational institutions;

military servicemen involved in work at organizations;

citizens performing alternative service;

persons serving sentences under court judgments during their work in organizations determined by penal institutions, as well as persons subjected to administrative arrest performing other types of work, including socially useful work organized in the interests of society and the state.

This Law also applies to employers.

Persons referred to in the first part of this Article are hereinafter referred to as employees.

The following basic concepts are used in this Law:

collective protective equipment — technical and other means structurally or functionally connected with the production building or process, intended to prevent or reduce the impact of harmful and/or hazardous production factors and to protect against contamination;

harmful production factor — a production factor that may cause an occupational disease of an employee;

workplace — a place where an employee is permanently or temporarily present during labour activity;

production activity — a set of actions carried out during production of goods, processing of raw materials, performance of works, or provision of services;

industrial accident — an accident connected with the performance of an employeeʼs labour duties, both within and outside the employerʼs territory, including when traveling to or from work in transport provided by the employer, resulting in injury or other damage to health necessitating transfer to another job, temporary or permanent loss of professional working capacity, or death;

occupational disease — an acute or chronic disease of an employee caused by exposure to harmful or hazardous production factors, resulting in temporary or permanent loss of professional working capacity;

working conditions — a combination of social and production factors existing during the performance of work;

labour protection — a system of legal, socio-economic, organizational, technical, sanitary-hygienic, medical-preventive and rehabilitation measures and means aimed at ensuring human safety, life, health and working capacity in the course of labour;

occupational injury — temporary or permanent loss of professional working capacity due to an industrial accident;

unfavourable production factors — the presence of harmful and/or hazardous production factors;

hazardous production factor — a production factor that may cause injury to an employee;

personal protective equipment — technical and other means used by an employee to prevent or reduce the impact of harmful and/or hazardous production factors and to protect against contamination.

The main directions of state policy in the field of labour protection are:

ensuring the priority of the life and health of employees;

development and implementation of state programmes in the field of labour protection;

coordination of the activities of state and economic management bodies and local government authorities in the field of labour protection;

establishing labour protection requirements applicable to all organizations;

exercising state supervision and inspection over compliance with labour protection requirements;

promoting the development and introduction of safe equipment, technologies and protective means for employees;

use of achievements of science and technology and of advanced national and foreign experience in the field of labour protection;

providing social protection to employees injured in industrial accidents or suffering from occupational diseases;

developing international cooperation.

State management of labour protection shall be carried out by the Cabinet of Ministers of the Republic of Uzbekistan, the specially authorized state body in the field of labour protection, as well as other state bodies vested with certain powers in accordance with legislation.

The Cabinet of Ministers of the Republic of Uzbekistan shall:

ensure the implementation of a unified state policy in the field of labour protection;

approve and implement state programmes in the field of labour protection;

ensure coordination of activities of state and economic management bodies and local government authorities in the field of labour protection;

determine the procedure for conducting state expertise of working conditions;

establish the procedure for investigation and recording of industrial accidents and occupational diseases;

determine the procedure for organizing labour protection services in organizations;

establish the procedure for allocation of funds by employers for labour protection, as well as for formation and use of labour protection funds;

implement international cooperation in the field of labour protection.

The Cabinet of Ministers of the Republic of Uzbekistan may also exercise other powers in accordance with legislation.

The Ministry of Employment and Labour Relations of the Republic of Uzbekistan is the specially authorized state body in the field of labour protection.

The Ministry of Employment and Labour Relations of the Republic of Uzbekistan shall:

implement a unified state policy in the field of labour protection;

participate in the development and implementation of state and other programmes in the field of labour protection;

within its competence, develop, coordinate and approve technical regulation documents and regulatory legal acts on labour protection;

exercise state supervision and inspection over compliance with labour protection requirements, including the provision of benefits and compensations to employees working in unfavourable and special working conditions;

ensure the conduct of state expertise of working conditions;

cooperate with state and economic management bodies, local government authorities and other organizations on labour protection issues;

coordinate the activities of state and economic management bodies and local government authorities in the field of labour protection;

maintain, in accordance with the procedure established by the Cabinet of Ministers, a unified register of professional participants in the labour protection services market;

conduct monitoring of the state of labour protection;

analyse causes of industrial injuries and submit proposals to state and economic management bodies, local government authorities, legal entities and individuals on prevention of such injuries;

ensure special investigation and accounting of industrial accidents.

The Ministry of Employment and Labour Relations of the Republic of Uzbekistan may also exercise other powers in accordance with legislation.

The Ministry of Health of the Republic of Uzbekistan shall:

establish the procedure for compulsory medical examinations of employees, both preliminary (upon employment) and periodic (during labour activity);

set sanitary rules, norms and hygienic standards for indicators of harmfulness and hazard of factors of the production environment, and for the severity and intensity of the labour process;

establish norms for the provision to employees engaged in work under unfavourable working conditions of milk (or other equivalent foodstuffs), medicinal-preventive nutrition, and aerated saline water (for workers in hot shops);

approve the list of medical and other indications for transferring an employee to lighter work or to work that excludes exposure to unfavourable production factors;

set requirements for compiling a sanitary-hygienic description of an employeeʼs working conditions where an occupational disease is suspected;

establish the procedure for issuing referrals for the detection of occupational diseases and for determining the degree of loss of an employeeʼs professional working capacity.

The Ministry of Health of the Republic of Uzbekistan may also exercise other powers in accordance with legislation.

Within their competence, state and economic management bodies shall:

participate in the development and implementation of state and other programmes in the field of labour protection;

develop technical regulation documents and regulatory legal acts on labour protection;

approve sectoral target and special programmes in the field of labour protection and ensure their implementation;

implement measures to ensure compliance with labour protection requirements in organizations within their system;

organize and ensure the investigation and recording, in organizations within their system, of industrial accidents and other damage to employeesʼ health;

organize the training, retraining, advanced training and verification of knowledge of managers and specialists of organizations within their system on labour protection.

State and economic management bodies may also exercise other powers in accordance with legislation.

Local government authorities shall:

participate in the implementation of state and other programmes in the field of labour protection;

approve and implement territorial programmes in the field of labour protection;

coordinate the activities, in the field of labour protection, of the relevant territorial subdivisions of state and economic management bodies.

Local government authorities may also exercise other powers in accordance with legislation.

In every organization engaged in production activity with fifty or more employees, a labour protection service shall be established, or a position for a specialist with appropriate training in labour protection shall be introduced, for the purpose of ensuring compliance with labour protection requirements and exercising control over their fulfillment. An organization with fifty or more vehicles shall also establish a traffic safety service or introduce a traffic safety specialist position.

In an organization with fewer than fifty employees, the decision to establish a labour protection service or to introduce a labour protection specialist position shall be taken by the employer, taking into account the specific nature of the organizationʼs activity.

The labour protection service and the traffic safety service are independent structural subdivisions of the organization and report directly to the head of the organization.

Specialists of the labour protection service have the right to monitor compliance by all employees with labour protection rules and norms, to issue to the heads of structural subdivisions mandatory instructions to eliminate identified violations, and to submit to the head of the organization proposals on holding persons who violate technical regulation documents and regulatory legal acts on labour protection liable.

The functions of the labour protection service may be performed on a contractual basis by professional participants of the labour protection services market.

Legal entities that provide services in the field of labour protection on a contractual basis are professional participants of the labour protection services market.

Professional participants of the labour protection services market may:

perform the functions of a labour protection service in organizations;

conduct attestation (certification) of workplaces by working conditions;

retrain and upgrade the qualifications of labour protection specialists;

conduct an audit of the labour protection management system in an organization.

Requirements for professional participants of the labour protection services market and for the performance of services by them, as well as the procedure for maintaining their unified register, shall be established by the Cabinet of Ministers of the Republic of Uzbekistan.

Attestation of workplaces by working conditions is a set of measures conducted to assess the compliance of working conditions, the severity and intensity of work at workplaces, and their hazard in terms of injury risk with the requirements of technical regulation documents and regulatory legal acts on labour protection, and to identify harmful and/or hazardous production factors.

Attestation by working conditions shall be conducted at the following workplaces:

workplaces for which, under legislation, benefits and compensations are provided to employees based on working conditions;

workplaces occupied by persons with disabilities;

workplaces indicated in lists of productions, institutions, works, occupations, positions and indicators that grant the right to early retirement on privileged terms;

workplaces at hazardous production facilities.

Legislation, as well as collective agreements and accords, may provide for attestation by working conditions of other workplaces.

Attestation of workplaces by working conditions shall be conducted by the employer itself in the prescribed manner. The periodicity of attestation shall be established by legislation, but at least once every five years.

The audit of the labour protection management system in an organization is an assessment of the state of the labour protection system and shall be conducted by decision of the employer. It shall include:

determining the compliance of the organizationʼs labour protection management system with the requirements of technical regulation documents and regulatory legal acts on labour protection;

assessing the quality of operation of the labour protection management system and the effectiveness of measures aimed at preventing and reducing industrial injuries and occupational diseases;

developing proposals and recommendations aimed at eliminating identified deficiencies and preventing industrial injuries and occupational diseases.

The audit of the labour protection management system in an organization shall be carried out on a contractual basis by professional participants of the labour protection services market.

Financing of labour protection shall be carried out from the following sources:

budget funds allocated from the State budget of the Republic of Uzbekistan;

the employerʼs own funds;

funds of labour protection funds established in the manner prescribed by legislation;

sponsorship (charitable) contributions of legal entities and individuals;

other sources not prohibited by legislation.

Budget funds intended for labour protection shall be allocated with a separate entry in the relevant (republican and local) budgets and shall be used to support management bodies, supervisory and inspection bodies, to finance research, and to implement state and other programmes on labour protection.

Each employer shall allocate the funds necessary for labour protection in the amount established by legislation, the collective agreement, as well as collective accords or other internal regulatory documents. Employees shall bear no expenses for these purposes.

Organizations shall be entitled to establish a labour protection fund at the expense of profit (income) from their commercial and other activities, as well as from other sources not prohibited by legislation.

Funds intended for labour protection may not be used for other purposes.

The procedure for allocation of funds by the employer for labour protection, as well as for establishing labour protection funds and using their funds, shall be determined by the Cabinet of Ministers of the Republic of Uzbekistan with the participation of the Federation of Trade Unions of Uzbekistan.

Training of labour protection specialists in higher and secondary specialized, vocational education institutions shall be ensured in the prescribed manner.

Higher and secondary specialized, vocational education institutions shall organize compulsory study of the labour protection course by students and pupils, taking into account the characteristics of production in various sectors of the economy and of the social sphere.

State and economic management bodies and employers shall ensure the retraining and advanced training of labour protection specialists.

The procedure for retraining and advanced training of labour protection specialists shall be established by the Cabinet of Ministers of the Republic of Uzbekistan.

Employees engaged in work under unfavourable working conditions shall be provided free of charge, in accordance with established norms, with milk (or other equivalent foodstuffs), medicinal-preventive nutrition, aerated saline water (for workers in hot shops), special clothing, special footwear, and other personal protective and hygiene equipment. The list of such work, the norms for their provision, and the procedure and conditions for such provision shall be established in collective agreements and accords; if they are not concluded, they shall be determined by the employer, in agreement with the employeesʼ representative body, in accordance with the norms established by legislation.

Receipt, storage, washing, cleaning, repair, disinfection and decontamination of employeesʼ personal protective equipment shall be carried out at the employerʼs expense.

Design, construction, reconstruction and operation of facilities, manufacture and repair of production means, and introduction of technologies, including those acquired from abroad, that do not meet the requirements of technical regulation documents and regulatory legal acts on labour protection shall not be permitted.

The use in production of harmful substances for which the maximum permissible standards (concentrations) have not been developed in the prescribed manner and which have not undergone the relevant expert examinations shall be prohibited.

Preferential taxation, in accordance with legislation, may be established for the part of an organizationʼs profit derived from publishing literature, posters and other advocacy materials on labour protection, as well as for the part of profits of scientific-research and design organizations derived from creating, manufacturing and selling new collective and personal protective equipment and instruments for monitoring the production environment and dosimetry.

The terms of an employment contract shall comply with labour legislation, collective agreements, as well as collective accords and other internal regulatory documents on labour protection.

Recruitment of citizens to, and transfer of employees to, work that does not correspond to their state of health shall be prohibited.

When recruiting citizens for, or transferring employees to, work known in advance to pose a high degree of risk to their health and life, the employer must warn them thereof.

Employees who, due to their state of health, need to be transferred to lighter work or to work that excludes the impact of unfavourable production factors shall be transferred by the employer to such work, with their consent, temporarily or for an indefinite period, in accordance with a medical opinion.

When an employee is transferred, due to health reasons, to lighter or lower-paid work that excludes the impact of unfavourable production factors, the employeeʼs previous average monthly wage shall be preserved in the manner and within the time limits established by the Labour Code of the Republic of Uzbekistan.

An employee shall have the right to:

a workplace that meets the requirements of technical regulation documents and regulatory legal acts on labour protection;

receive from the employer information on working conditions, including the likelihood of contracting occupational and other diseases, the benefits and compensations due in this connection, and personal and collective protective equipment;

be provided, at the employerʼs expense, with personal protective equipment in accordance with established norms and requirements on labour protection;

be covered, in the manner prescribed by legislation, by compulsory state social insurance against industrial accidents and occupational diseases;

refuse to perform work until the danger is eliminated if, as a result of violations of labour protection requirements, a threat to life and health arises, provided such circumstances are confirmed by the body exercising state supervision and inspection over compliance with labour protection requirements;

request that the working conditions and protection at his/her workplace be inspected by the body exercising state supervision and inspection over compliance with labour protection requirements;

receive training, at the employerʼs expense, in safe methods and techniques of work;

receive benefits and compensations established by legislation;

claim from the employer compensation for damage caused to life or health due to an industrial injury, occupational disease, or other damage to health connected with the performance of labour duties;

participate personally, or through representatives, when issues related to ensuring safe working conditions at his/her workplace are considered, and when an accident involving him/her or his/her occupational disease is investigated;

undergo, in accordance with medical recommendations, an unscheduled medical examination, with preservation of the workplace (position) and wages during such examination;

undergo retraining at the employerʼs expense if the workplace is eliminated as a result of violations of labour protection requirements.

An employee may have other rights in accordance with legislation.

An employee shall:

comply with the requirements of technical regulation documents and regulatory legal acts on labour protection;

correctly use personal protective equipment;

receive briefings on labour protection, and undergo training and advanced training on labour protection issues;

immediately inform the employer of any situation posing a direct threat to peopleʼs life and health, as well as of any industrial accident that occurred during the work process or in connection with it.

Other obligations may also be imposed on an employee in accordance with legislation.

The employer has the right to:

require employees to comply with standards, rules and instructions on labour protection and safe performance of work;

subject employees to checks to determine intoxication by alcoholic beverages, narcotic drugs or toxic substances;

obtain information on the severity of industrial injuries sustained by employees, on the presence of diseases that may lead to such injuries, and on employeesʼ intoxication by alcoholic beverages, narcotic drugs or toxic substances;

lodge complaints directly with a court, or with a superior body or official in the chain of subordination, against decisions of the bodies exercising state supervision and inspection over compliance with labour protection requirements, and against actions (inaction) of their officials;

award and provide material incentives to employees for compliance with labour protection requirements;

bring employees guilty of violating labour protection requirements to disciplinary liability.

The employer may have other rights in accordance with legislation.

The employer shall:

ensure that working conditions at each workplace comply with labour protection requirements;

ensure employeesʼ safety when using buildings, structures and equipment, when implementing technological processes, and when using raw materials and materials in production, as well as during performance of works and provision of services;

exercise control over the state of working conditions at workplaces, in particular with respect to harmful and hazardous production factors;

timely inform employees on working conditions, including the risks of occupational and other diseases, on the state of labour protection at specific workplaces and in production, and on the benefits and compensations, as well as personal and collective protective equipment, due to employees in this connection;

establish, in the prescribed manner, a labour protection service and a traffic safety service;

provide employees, in accordance with established norms, with milk, medicinal-preventive nutrition, aerated saline water, personal protective and hygiene equipment, and ensure the use of collective protective equipment;

ensure that employees receive briefings on labour protection, and undergo training, retraining, advanced training and verification of knowledge on labour protection issues;

not admit to work persons who have not undergone training, briefings and verification of knowledge on labour protection;

conduct, in the prescribed manner, attestation of workplaces by working conditions at workplaces with harmful, hazardous and other specific working conditions where benefits and compensations are established, where the right to early retirement on privileged terms is granted, and at workplaces occupied by persons with disabilities;

organize the conduct, in the prescribed manner, of compulsory preliminary (upon employment) and periodic (during labour activity) medical examinations;

provide to the bodies exercising state supervision and inspection over compliance with labour protection requirements, as well as to trade unions and other representative bodies of employees, the information and materials necessary for them to exercise control, conduct inspections and monitoring of the state of labour protection and of the investigation of accidents and occupational diseases;

take measures to prevent emergency situations and, when they arise, to protect the life and health of employees, including providing first aid to victims;

comply with the instructions of the bodies exercising state supervision and inspection over compliance with labour protection requirements, and consider the submissions of trade unions and other representative bodies of employees;

ensure compulsory state social insurance against industrial accidents and occupational diseases, as well as compulsory insurance of the employerʼs civil liability;

investigate industrial accidents and occupational diseases in the prescribed manner and keep records thereof.

Other obligations may also be imposed on the employer in accordance with legislation.

The employer shall organize, in the manner established by the Ministry of Health of the Republic of Uzbekistan, compulsory preliminary (upon employment) and periodic (during labour activity) medical examinations of persons under eighteen years of age and persons who have reached the generally established retirement age, persons with disabilities, and employees of certain occupations and productions.

Medical examinations shall be conducted by healthcare institutions providing medical services to organizations, and where such institutions are absent, by the territorial healthcare institution at the place where the organization is located.

Where persons who must undergo compulsory medical examinations under legislation are transferred to another job, the obligation to ensure such examinations shall remain with the employer.

Employees shall bear no expenses in connection with medical examinations.

Employees are not entitled to refuse to undergo medical examinations.

If employees refuse to undergo medical examinations or fail to comply with recommendations issued by medical commissions based on the examination results, the employer is entitled not to admit them to work.

If an employee considers that his/her state of health has deteriorated in connection with working conditions, he/she has the right to demand an unscheduled medical examination.

During medical examinations, the employeeʼs workplace (position) and average monthly wage shall be preserved.

The employer shall provide labour protection briefings to all newly hired employees and employees transferred to another job, and shall organize training in safe methods and techniques of work and in providing assistance to victims of accidents.

For employees being hired to high-hazard production or to jobs requiring professional selection, preliminary training in safe methods and techniques of work, a one-month traineeship with occupational examinations, and subsequent periodic attestation on labour protection issues shall be conducted.

Employees of organizations, including managers, shall undergo, for their respective occupations and types of work, training, briefings, verification of knowledge and attestation on labour protection issues in the manner and within the time limits established by the state bodies exercising state management in the field of labour protection.

Persons who have not undergone training, have not received briefings, and have not had their knowledge verified in the prescribed manner shall not be admitted to work.

Industrial accidents and other damage to employeesʼ health connected with the performance of their labour duties, as well as occupational diseases, shall be investigated and recorded in the prescribed manner.

Industrial accidents, other damage to health and occupational diseases in respect of persons performing work (providing services) under civil-law contracts shall likewise be investigated and recorded in the prescribed manner.

Specific features of regulation of relations in the field of labour protection for employees engaged in heavy, harmful and hazardous work, and for certain categories of employees (women, persons under eighteen years of age, and persons with limited working capacity) shall be established by legislation.

State supervision and inspection over compliance with labour protection requirements shall be exercised by state labour technical inspectors of the Ministry of Employment and Labour Relations of the Republic of Uzbekistan in accordance with a regulation approved by the Cabinet of Ministers of the Republic of Uzbekistan.

State labour technical inspectors have the right to:

request and obtain from heads of organizations and other officials the documents, explanations and information necessary to perform control and inspection functions;

conduct, or participate in, special investigations of industrial accidents;

issue to heads of organizations and other officialsʼ mandatory instructions to eliminate violations of legislation on labour protection;

submit proposals for taking measures, in the manner prescribed by legislation, against officials guilty of violating legislation on labour protection;

prohibit the use of personal and collective protective equipment that does not meet labour protection requirements;

bring, in the prescribed manner, persons guilty of violating labour protection requirements to administrative liability;

suspend, in the manner prescribed by legislation, the activities of organizations or the operation of equipment that do not meet labour safety requirements and pose a threat to the life or health of employees;

participate in the work of commissions accepting for operation facilities whose construction or reconstruction has been completed, and issue relevant opinions if such facilities do not comply with the requirements of legislation on labour protection;

act as experts in court in cases concerning violations of legislation on labour protection and claims for compensation of damage to employeesʼ life and health caused in production.

State labour technical inspectors may have other rights in accordance with legislation.

State supervision and inspection over compliance with labour protection requirements may also be exercised by other state bodies in accordance with legislation.

State expertise of working conditions shall be conducted by state experts on working conditions of the Ministry of Employment and Labour Relations of the Republic of Uzbekistan in accordance with a regulation approved by the Cabinet of Ministers of the Republic of Uzbekistan.

State expertise of working conditions shall be carried out in order to:

assess the quality of the conduct of attestation of workplaces by working conditions;

verify the correctness of granting guarantees and compensations to employees for work under harmful and/or hazardous working conditions;

assess employeesʼ actual working conditions.

State experts on working conditions have the right to:

request and obtain from heads of organizations and other officials the documents, explanations and information necessary to perform control and inspection functions;

issue to heads of organizations and other officials mandatory instructions to eliminate violations of legislation on labour protection;

submit proposals for taking measures, in the manner prescribed by legislation, against officials guilty of violating legislation on labour protection;

prohibit the use of personal and collective protective equipment that does not meet labour protection requirements;

bring, in the prescribed manner, persons guilty of violating labour protection requirements and conditions to administrative liability;

suspend, in the manner prescribed by legislation, the activities of organizations or the operation of equipment that do not meet labour safety requirements and pose a threat to the life or health of employees;

participate as experts in court in cases concerning violations of legislation on labour protection and claims for compensation of damage to employeesʼ life and health caused in production.

State experts on working conditions may have other rights in accordance with legislation.

The procedure for conducting the state expertise of working conditions shall be established by the Cabinet of Ministers of the Republic of Uzbekistan.

Self-government bodies of citizens, non-governmental non-profit organizations and other institutions of civil society may participate in the implementation of state, territorial and other programmes in the field of labour protection, assist state bodies and other bodies involved in ensuring labour protection, and participate in other activities in accordance with legislation.

Trade unions and other representative bodies of employees shall exercise representation in the field of labour protection and protect employeesʼ rights and legitimate interests.

Trade unions, other representative bodies of employees, and employeesʼ authorized representatives on labour protection shall have the right to:

obtain from heads of organizations and other officialsʼ information on working conditions and protection, as well as on all industrial accidents and occupational diseases;

participate in the investigation of industrial accidents and occupational diseases;

in cases where a threat to employeesʼ life and health has arisen, suspend work and submit proposals to the employer on eliminating violations of labour protection requirements;

study the state of labour protection and monitor fulfillment by employers of labour protection obligations envisaged in collective agreements and accords;

participate as independent experts in the work of commissions for testing and accepting production facilities and means of production for operation, and participate in meetings of medical-social expert commissions;

take part in the development of technical regulation documents and regulatory legal acts on labour protection;

apply to the competent bodies with demands to hold liable persons guilty of violating labour protection requirements or concealing facts of industrial accidents;

apply to a court to protect an employeeʼs rights to compensation for damage caused by injury or other health damage related to performance of labour duties, and in other cases where employeesʼ rights to protection of health and labour are restricted;

participate in the consideration of labour disputes related to violations of legislation on labour protection, collective agreements and accords, as well as to changes in working conditions.

An employee authorized on labour protection shall be allocated at least two working hours per week to perform his/her assigned duties, with preservation of the workplace (position) and average monthly wage for this time.

Trade unions and other representative bodies of employees shall implement social partnership in the field of labour protection and may conclude general, sectoral and territorial (regional) collective accords and collective agreements.

Trade unions, other representative bodies of employees, and employeesʼ authorized representatives on labour protection may also have other rights in accordance with legislation.

Manufacturing and supplying products intended for production that do not meet labour protection requirements shall entail compensation, in the manner prescribed by legislation, for damage caused to consumers.

The sale, distribution and advertising of means of production, personal protective equipment and collective protective equipment that do not comply with labour protection requirements established in the Republic of Uzbekistan, including those imported from abroad, shall be prohibited and shall entail liability in the prescribed manner.

The employer shall compensate, in full and in the manner prescribed by legislation, the damage caused to an employeeʼs life and health as a result of injury, occupational disease or other damage to health connected with the performance of labour duties.

Compensation for damage to the employeeʼs health shall consist of a monthly payment calculated as a percentage of the employeeʼs average monthly wage prior to the injury, corresponding to the degree of loss of professional working capacity, a lump-sum benefit in an amount not less than the employeeʼs average annual wage, and reimbursement of additional expenses arising from the health damage (including expenses for treatment, prosthetics, and other types of medical and social assistance, as well as expenses for the employeeʼs retraining and employment in accordance with a medical opinion).

If an employee dies as a result of an industrial accident or occupational disease, monthly payments shall be made, in the manner prescribed by legislation, to persons entitled to compensation for damage caused by the loss of the breadwinner; a lump-sum benefit in an amount not less than six times the deceased employeeʼs average annual wage shall be paid, and funeral expenses shall be reimbursed.

If damage is caused to the health of a minor employee, compensation shall be calculated on the basis of his/her previous wage, but not less than five times the base calculation amount established by legislation.

Where a legal entity found liable, in the prescribed manner, for damage to the employeeʼs life and health is reorganized, the obligation to make the corresponding compensation payments shall rest with its legal successor, and claims for compensation shall likewise be addressed to it.

If the funds of the legal entity being reorganized and liable for damage to the employeeʼs life and health in connection with the performance of labour duties are absent or insufficient, the relevant amounts shall be paid by the state in the manner prescribed by legislation. These amounts shall also be paid by the state in other cases provided by law.

Where a legal entity found liable, in the prescribed manner, for damage to the employeeʼs life and health is liquidated, the relevant payments shall be capitalized in the manner prescribed by legislation for payment to the victim.

If capitalization of payments is impossible due to the absence or insufficiency of the property of the legal entity being liquidated, the relevant amounts shall be paid to the victim by the state in the manner prescribed by legislation.

Disputes in the field of labour protection shall be resolved in the manner prescribed by legislation.

Persons guilty of violating legislation on labour protection shall be held liable in the prescribed manner.