Procedural requirements for individual dismissals - Uzbekistan - 2019
+ show references
- Labour Code of the Republic of Uzbekistan as last amended by Law No.03/19/514/2450 of 10 January 2019.
Link provided for in Russian
Date: 22 Dec 2010; view website » (view in NATLEX »)
Notification to the worker to be dismissed: written
- Art. 102 LC provides for the following notice period: 2 months in cases of the termination due to changes in technology, production and labor organization, reduced volumes of work that resulted in changes in the number of (state) employees, or the changing nature of work, or in connection with the liquidation of the company as well as in connection with reaching the retirement age when the employee has the right to receive the state pension; 2 weeks when the termination occurred due to employees' incapability to perform the work because of lack of qualifications or health status; 3 days when terminated due to the employee's own culpable conduct (a single gross or a systematic violation of labour discipline).
However, art. 102 also states that the two-month and three-day notice period may be replaced by corresponding compensation at the employer's discretion. The two-week notice stipulated above shall not be given when an employment agreement is terminated due to the employee's inability to perform the duties of his or her job for health reasons where there is a medical certificate confirming that the job is contraindicated to the employee. In this case, the employee shall be paid compensation in the amount of two weeks' wages.
- tenure ≥ 20 years
- economic dismissal - 2 month(s).
- dismissal not based on conduct - 2 month(s).
- dismissal based on conduct (excl. serious wrongdoings) - 3 day(s).
- dismissal based on worker's capacity - 2 week(s).
Pay in lieu of notice: Yes
- According to the Art. 102 LC in cases of termination of employment by the employer the notice period can be replaced with the monetary compensation corresponding to the duration of notice, at the employer's discretion.
Notification to the public administration: Yes
- Art. 102 LC states that the employer is obliged to inform the local authority of labour, not later than two months before the termination, on the upcoming dismissal and to provide data of each employee, indicating his profession, qualifications and wages
Notification to workers' representatives: Yes
Approval by public administration or judicial bodies: No
Approval by workers' representatives: Yes
- Art. 101 LC states that the termination of the employment contract by the employer is not allowed without the prior consent of the trade union committee or other representative body of employees, in the case when the obligation for such consent is provided by collective agreement.
The trade union committee or other representative body of employees must notify the employer in writing of its decision within ten days of receipt of the written submission on the intention of termination.
An employer may terminate an employment contract within one month from the date of the trade union's committee or other representative's body of employees decision to consent to the termination of employment.