Legal regulation of remote working in the Republic of Uzbekistan

published on 24 November 2021 | reading time approx. 3 minutes
 

Uzbek legislation on work, first of all, consists of the Labor Code of the Republic of Uzbekistan and other regulatory legal acts. However, the current Labor Code of the Republic of Uzbekistan of 1995¹, as well as other legal acts, do not regulate the remote form of labor organization. The need for the organization and legal regulation of remote working in Uzbekistan appeared in connection with the pandemic of Coronavirus.

  
The President of the Republic of Uzbekistan signed a decree²; dated March 19, 2020 №5969 on measures to mitigate the negative impact of the coronavirus pandemic and the global crisis on economic sectors, which introduced quarantine regime throughout the country. Quarantine conditions in the country made it necessary to organize a remote work regime.
 
Further, on March 28, 2020, the Uzbek Ministry of Employment and Labor Relations approved the Regulation³; on the temporary procedure for transferring workers to work remotely, on a flexible working schedule or at home during the period of quarantine measures, which partially regulates the procedure of remote working.

• The procedure for transferring an employee to a remote mode of work »

• Work from/at home »

• Remuneration»

• Other conditions »

• Questions »

 
The procedure for transferring an employee to a remote mode of work

According to the above-mentioned Regulation, most of all, pregnant women, the elderly people, as well as people with disabilities and employees with chronic diseases have the right to work remotely, with flexible working hours or at home. When an employee is temporarily transferred to a remote mode of work, the employer issues an appropriate order.
 
The basis is also the changes made to the labor contract between them, which includes:

• the procedure for using the technical means necessary for the employee to perform his official duties, if there is an agreement between the parties on the use of equipment and/or technical means belonging to the employer;
• providing the employee with means of communication, including Internet services;
• conditions related to compensation for damage caused by the employee to the employer in connection with the improper use of equipment and machinery provided by the employer to the employee;
• the procedure and conditions for reimbursement of expenses in the event that an employee uses personal equipment and/or technical means, as well as means of communication, including the Internet, to perform official duties;
• obligations of the employee and employer to comply with the necessary working conditions and labor protection;
• conditions for the transfer of an employee to a permanent place of work, if necessary.

 
At the same time, in the remote mode of work, the employee independently determines the duration and procedure of his working time, depending on the volume of the production task and other conditions specified in the employment contract.
 

Work from/at home

At the request of the employee and with the consent of the employer, the employee can be transferred to temporary working conditions for work at home, while the corresponding order of the employer is also issued. In addition, amendments are also made to the labor contract, including:

• types of work that the employee must perform at home;
• the procedure for providing equipment and/or technical and other means for the employee to perform his official duties at home;
• obligations of the employee and employer to comply with the necessary conditions and labor protection;
• conditions and procedure for the use of personal equipment, tools and/or technical means by the employee in the performance of official duties, as well as the procedure and conditions for reimbursement of costs for electricity, water, network in connection with the work of the employee;
• other conditions may be provided in accordance with the law.

Remuneration

Remuneration of the employee transferred to a temporary remote mode of work is carried out:

• on the basis of the hourly form of remuneration – based on the established tariff rate (salary) before the transfer of the employee to remote work;
• on the basis of daily wages – at fixed prices.

Other conditions

In all cases, in the remote mode of work, the following rights remain:

• vacation in accordance with the vacation schedule,
• benefits for temporary disability and
• other rights provided by law and collective agreement.

Questions

In conclusion, it is necessary to highlight a number of questions that are partially or completely not regulated by the Regulation of the Uzbek Ministry of Employment and Labor Relations. For example:

• the procedure for transferring to the remote working of certain categories of persons who are not able to work remotely;
• organization of remote working for foreign workers;
• the procedure for the exchange of electronic communications between the employer and the employee;
• further rights and obligations of the employer and employees, etc.

Therefore, in each individual case, it is not necessary to sort out with the HR manager whether there are internal orders and decisions regarding work in the home office and/or additional agreements, but a detailed analysis should be carried out to determine whether the legal gaps in the legislation described as examples above should be closed by internal regulations.
 
It should also be added that at present amendments and additions are being made to the Labor Code of the Republic of Uzbekistan.
 

¹ Labor Code of the Republic of Uzbekistan dated December 21, 1995: https://lex.uz/docs/145261