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Uzbekistan - Maternity protection - 2009


LAST UPDATE

30 July 2009

SOURCES


Name of Act

Labour Code,
Labour Code of the Republic of Uzbekistan dated 21 December 1995, as amended and in force 6 December 2008.

Other source used

Uzbekistan, Social Security Programs Throughout the World: Asia and the Pacific, 2008.

MATERNITY LEAVE


Scope

All women working in the territory of Uzbekistan.
The entitlement to maternity leave also covers a father or tutor, grandmother, grandfather or other relatives who actually takes care of the child, in cases when the mother’s care for the child is absent (for example in case of death or long stay in medical establishment).
Labour Code §3, 233 and 238

Duration


General total duration

126 calendar days (70 days before and 56 days after childbirth).
Maternity leave shall be calculated cumulatively and shall be granted entirely irrespective of the number of days actually used before childbirth.
Labour Code §233
Historical data (year indicates year of data collection)
  • 2011: 126 calendar days (70 days before and 56 days after childbirth). Maternity leave shall be calculated cumulatively and shall be granted entirely irrespective of the number of days actually used before childbirth.
  • 2004: One hundred and twenty-six days
  • 1998: n.a.
  • 1994: n.a.

Extension

In case of birth of two or more children, the postnatal period of maternity leave is extended to 70 calendar days (instead of 56).
Labour Code §233

Leave in case of illness or complications

In case of birth with complications the postnatal period of maternity leave is extended to 70 calendar days (instead of 56).
Labour Code §233

RELATED TYPES OF LEAVE


Parental leave


Scope

On completion of maternity leave women are granted childcare leave, which may be used entirely or partially by the child’s father, grandmother and grandfather, or by another relative who actually takes care of the child. These leave provisions also apply in case of adoption or guardianship.
Labour Code §234 and 235

Length

On completion of maternity leave women shall be granted childcare leave until the child reaches the age of two years with an allowance for this period. On her request, she shall also be granted a complementary leave without pay to care for the child until the age of three years.
Labour Code §234

Adoption leave


Scope

Persons who adopt newly born children directly from the maternity hospital or put them under their guardianship shall be granted leave.
Labour Code §235

Length

Starting from the day of adoption (guardianship), up to completion of 56 calendar days (on adoption of two or more children - 70 calendar days). On their request, adoptive parents (guardians) are also entitled to additional childcare leaves until the child reaches the age of three years (see parental leave).
Labour Code §235

RIGHT TO PART-TIME WORK


General provisions

Upon request pregnant women, women with children of 14 years of age (handicapped child - under 16 years), including children taken into custody, the employer shall allow part time work. This provision also applies to a father or tutor, grandmother, grandfather or other relatives who actually takes care of the child, in cases when the mother’s care for the child is absent (for example in case of death or long stay in medical establishment).
If requested, the mother or other person entitled to parental leave may continue to work on part time basis or at home on agreement with the employer.
Labour Code §228, 234, 238

CASH BENEFITS


Maternity leave benefits


Scope

Insured workers shall be granted maternity benefits.
Labour Code §282 and 284

Duration

Throughout the entire period of maternity leave and its extensions (normally 126 calendar days; for extensions see "maternity leave - duration").
Labour Code §233 and 286

Amount

100 per cent of the wage.
Labour Code §286
Historical data (year indicates year of data collection)
  • 2011: 100 per cent of the wage.
  • 2004: One hundred percent
  • 1998: n.a.
  • 1994: n.a.

Financing of benefits

State social insurance scheme. Contributions to the social insurance scheme shall be paid by employers as well as by insured workers themselves.
Labour Code §283 and 284
Historical data (year indicates year of data collection)
  • 2011: State social insurance scheme. Contributions to the social insurance scheme shall be paid by employers as well as by insured workers themselves.
  • 2004: Social security
  • 1998: n.a.
  • 1994: n.a.

Alternative provisions

Upon birth of a child a lump sum allowance shall be paid.
Labour Code §287

Parental leave benefits


Scope

On completion of maternity leave women are granted childcare leave, which may be used entirely or partially by the child’s father, grandmother and grandfather, or by another relative who actually takes care of the child. These leave provisions also apply in case of adoption or guardianship.
Labour Code §234, 235 and 238

Duration

On completion of maternity leave, until the child reaches the age of two years with an allowance for this period; on her request, she shall also be granted a complementary leave without pay to care for the child until the age of three years.
Labour Code §232 and 234

Amount

Mothers caring for children younger than age 2 may receive monthly paid leave equal to 20 per cent of the national minimum wage.
Labour Code §234
Uzbekistan, Social Security Programs Throughout the World: Asia and the Pacific, 2008

Financing of benefits

State social insurance scheme.
Labour Code §234, 284

Adoption leave benefits


Scope

Persons who adopt newly born children directly from the maternity hospital or put them under their guardianship.
Labour Code §235

Duration

For the period starting from the day of adoption (guardianship) and up to completion of 56 calendar days (on adoption of two or more children - 70 calendar days).
Labour Code §235

Amount

Benefit (not further specified).
Labour Code §235

Financing of benefits

The state social security fund.
Labour Code §235

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

Women with children under two years shall be granted complementary breaks to feed a child, in addition to breaks for taking rest and meals, at least every three hours, 30 minutes each. When there are two or more children under two years, the length of the break shall not be less than one hour. On request of the woman the breaks to feed a child may be added to breaks for taking rest and meals or summarised and transferred either to the beginning or to the end of the working day (working shift) with its appropriate reduction.
Concrete length of these leaves and the way of their granting shall be established by collective agreement between the employer and trade union committee or other worker’s representative’s body.
The right to breaks for feeding a child also covers a father or tutor, grandmother, grandfather or other relatives who actually takes care of the child, in cases when the mother’s care for the child is absent (for example in case of death or long stay in medical establishment).
Labour Code §236 and 238

Remuneration of nursing breaks

Breaks to feed a child shall be counted in working time and paid at the rate of the average monthly wage.
Labour Code §236

HEALTH PROTECTION


Arrangement of working time


Night work

It shall not be permitted to engage pregnant women and women with children under the age of 14 years (for handicapped children - 16 years) in night work without their consent. However, engagement of pregnant women and women with children under three years of age to night work shall be allowed on the basis of a medical certificate confirming that such work is not a threat to the health of the mother and the child.
These provisions are also applicable to a father or tutor, grandmother, grandfather or other relatives who actually takes care of the child, in cases when the mother’s care for the child is absent (for example in case of death or long stay in medical establishment).
Labour Code §228 and 238

Overtime

It shall not be permitted to engage pregnant women and women with children under the age of 14 years (for handicapped children - 16 years) in overtime work without their consent.
These provisions are also applicable to a father or tutor, grandmother, grandfather or other relatives who actually take care of the child, in cases when the mother’s care for the child is absent (for example in case of death or long stay in medical establishment).
Labour Code §228 and 238

Work on rest days

It shall not be permitted to engage pregnant women and women with children under the age of 14 years (for handicapped children - 16 years) on weekend work.
These provisions are also applicable to a father or tutor, grandmother, grandfather or other relatives who actually take care of the child, in cases when the mother’s care for the child is absent (for example in case of death or long stay in medical establishment).
Labour Code §228 and 238

Other work arrangements

Working time for women with children under the age of three years, who work in budget financed establishments and organizations shall not exceed 35 hours per week. The remuneration of these women shall be at the same level as remuneration of employees of appropriate categories working full time.
Upon request pregnant women, women with children 14 years old (handicapped child - under 16 years) including child she is in charge of, the employer shall allow part time work in their regard.
It shall not be permitted to engage pregnant women and women with children under the age of 14 years (for handicapped children - 16 years) to work during holidays and to send them on missions without their consent.
These provisions are also applicable to a father or tutor, grandmother, grandfather or other relatives who actually takes care of the child, in cases when the mother’s care for the child is absent (for example in case of death or long stay in medical establishment).
Labour Code §228, 228-1, 229 and 238

Dangerous or unhealthy work


General

It shall be prohibited to engage women at workplaces with harmful working conditions and on underground work except some underground work (non physical work or workers of sanitary and welfare services). The list of jobs with harmful working conditions where it is prohibited to engage women shall be determined by the Ministry of Labour and Social Protection of the population of the Republic of Uzbekistan and the Ministry of Health after consultations with the Council of the Trade Union Federation and employer’s representatives.
Labour Code §225

Risk assessment


» Assessment of workplace risks

In accordance with a medical certificate the rate of output and servicing requirements shall be reduced for pregnant women, or they shall be transferred to lighter jobs or jobs excluding exposure to harmful production factors while maintaining average monthly wage from the previous job.
Labour Code §226

» Adaptation of conditions of work

In accordance with a medical certificate the rate of output and servicing requirements shall be reduced for pregnant women.
Labour Code §226

» Transfer to another post

In accordance with a medical certificate pregnant women shall be transferred to lighter jobs or jobs excluding exposure to harmful production factors while maintaining the average monthly wage from the previous job.
Women with children under the age of two years in case of impossibility to perform previous work shall be transferred to lighter jobs excluding exposure to harmful production factors while maintaining the average monthly wage of her previous job until the child reaches the age of two years.
Labour Code §226 and 227

» Paid/unpaid leave

Pending the decisions whether to provide the women a lighter job or jobs excluding exposure to harmful production factors the pregnant woman shall be released from work while maintaining her average monthly wage for all days missed due to this procedure.
Labour Code §226

Particular risks


» Arduous work (manual lifting, carrying, pushing or pulling of loads)

It shall be prohibited for women to lift at handle loads exceeding the maximum permissible norms for them (as determined by the Ministry of labour and social protection of the population of the Republic of Uzbekistan and the Ministry of health after consultations with the Council of the Trade Union Federation and employer’s representatives).
Labour Code §225

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

All citizens shall have equal opportunities in enjoyment and exercising of labour rights. Introduction of any constraints or any advantages in labour rights on the basis of sex or other factors not relevant to professional qualities of workers and the outcomes of their work shall not be tolerated and shall be qualified as discrimination.
When refusing to hire a pregnant woman or a women with a child under the age of three years, the employer must provide the reasons for the refusal in writing.
Distinction at work, which is determined by the requirements inherent in a specific kind of work, or caused by special attention to the state to persons who are in need of increased social protection, shall not be deemed discrimination.
The person considering himself/herself to be discriminated against at work shall be entitled to go to courts and appeal for elimination of discrimination as well as to compensation of the material loss and redress of the moral damage.
Labour Code §6, 224

Protection from discriminatory dismissal

Termination of a labour agreement with pregnant women and women with children under three years on employer’s initiative shall not be permitted except in cases of complete liquidation of the enterprise when termination of a labour agreement is permitted with compulsory placement. The placement shall be effectuated by the local labour body, which provides appropriate social pay specified by legislation. This compulsory placement shall be provided by the employer in cases of termination of a labour agreement due to its expiration. The women shall maintain their wage during the placement period, which should not however exceed three months from the date of expiration of a fixed term labour agreement.
These provisions are also applicable to a father or tutor, grandmother, grandfather or other relatives who actually take care of the child, in cases when the mother’s care for the child is absent (for example in case of death or long stay in medical establishment).
Labour Code §234, 237 and 238

Guaranteed right to return to work

During childcare leaves the job or post shall be retained for the woman.
Labour Code §234

Results generated on: 18th December 2014 at 05:01:02.
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