Adopted by the Legislative Chamber on October 24, 2019 Approved by the Senate on November 30, 2019
Chapter 1. General provisions
Article 1. Purpose of this Law
The purpose of this Law is the regulation of relations in the field of the realization by citizens of the right to unite into trade unions, as well as the creation and organization of the activity of trade unions.
Article 2. Legislation on trade unions
The legislation on trade unions consists of this Law and other acts of legislation.
Features of the application of this Law in the Armed Forces of the Republic of Uzbekistan, internal affairs bodies, the State Security Service, the National Guard, and other military formations may be established by legislation.
If an international treaty of the Republic of Uzbekistan establishes rules other than those stipulated by the legislation of the Republic of Uzbekistan on trade unions, the rules of the international treaty shall apply.
Article 3. Basic concepts
The following basic concepts are used in this Law:
trade union — a voluntary public association of citizens linked by common professional interests based on the nature of their activity or study, created for the purpose of representation and protection of their labor and other socio-economic rights and interests, operating on the basis of its own charter.
primary trade union organization — a voluntary association of trade union members working for one or more employers or studying at the relevant educational institution, operating on the basis of the charter of the relevant trade union.
association of trade unions — a voluntary association created for the purpose of coordinating and achieving unity of actions in the realization and protection of professional, labor, socio-economic rights and interests of workers, based on sectoral, territorial, or other characteristics that take into account professional specificity.
trade union subdivision — a subdivision formed in accordance with the trade union's charter, carrying out its functions or a part of them in the corresponding territory.
Article 4. Right to unite into trade unions
Citizens engaged in labor activity, as well as persons who have reached the age of fifteen years and are studying in secondary specialized, professional, higher educational, and scientific research institutions (hereinafter — workers), without any distinction whatsoever, have the right to voluntarily create trade unions of their choice and without prior permission, as well as the right to join trade unions on the condition of observing their charters.
Chapter 2. Principles of trade union activity
Article 5. Basic principles of trade union activity
The basic principles of trade union activity are:
legality;
voluntariness;
inadmissibility of discrimination;
independence and self-governance;
equality of rights;
transparency and openness.
Article 6. Principle of legality
Trade unions in their activity are obliged to strictly observe and execute the Constitution of the Republic of Uzbekistan, this Law, and other acts of legislation.
Article 7. Principle of voluntariness
Citizens have the right of their own choice to voluntarily create trade unions to protect their legitimate interests, join them, engage in trade union activity, and withdraw from trade unions.
The procedure and conditions for joining and withdrawing from trade union membership, as well as retaining trade union membership after the termination of an employment contract, are regulated by the charter of the relevant trade union.
Hindrance to the exercise of the right of citizens to unite into trade unions, as well as compelling them to join or withdraw from a trade union, is not allowed.
Article 8. Principle of inadmissibility of discrimination
Affiliation or non-affiliation with trade unions does not entail any restriction of the labor, other socio-economic, political, personal rights, freedoms, and legitimate interests of citizens guaranteed by legislation. It is prohibited to condition employment, promotion, or the termination of an employment contract with a worker on affiliation with a specific trade union, or joining or withdrawing from it.
Written or oral obligations of a worker not to join a trade union or to withdraw from it are void.
A person who considers that they have been subjected to discrimination based on trade union affiliation or non-affiliation may apply to the court with a statement for the elimination of discrimination, compensation for material damage caused, and compensation for moral harm.
Article 9. Principle of independence and self-governance
Trade unions are independent in their activity, including financial activity, from state power and administration bodies; they are not accountable to or controlled by them, except for cases provided for by Law.
Trade unions independently develop and approve their charters, determine the organizational structure, elect trade union bodies, organize their activity, hold meetings, and also other events.
Article 10. Principle of equality of rights
All members of trade unions are equal regarding their rights and duties established by this Law, other normative legal acts, trade union charters, or local acts.
Trade unions have equal rights regardless of sectoral affiliation, territorial location, participation in an association of trade unions, or another characteristic.
Article 11. Principle of transparency and openness
The activity of trade unions and their associations is transparent and open. Charters and regulations adopted by trade unions are subject to mandatory publication in the mass media, on the worldwide information network Internet, including on their official websites.
Chapter 3. Guarantees for the observance of the rights of trade unions and their associations
Article 12. Guarantees of non-interference in the activity of trade unions and their associations
The state guarantees the protection of the rights and legitimate interests of trade unions and their associations.
State bodies, their officials, and employers ensure the observance of the rights of trade unions and their associations. Interference in the activity of trade unions and their associations, including the requirement to provide any documents about their activity, is not allowed, except for cases provided for by Law.
The termination of the activity of trade unions and their associations at the initiative of State bodies, their officials, or employers is not allowed.
Article 13. State support for trade union activity
The state may render support to the activity of trade unions in the form of subsidies, grants, and social orders.
The state may render other support to the activity of trade unions in accordance with legislation.
Article 14. Guarantees of the property right of trade unions
The property of trade unions is inviolable and protected by Law. The property of trade unions is not subject to nationalization, requisition, or confiscation, except for cases provided for by Law.
Article 15. Guarantees for workers elected to trade union bodies and not released from production work
The following may not be subjected to disciplinary penalty:
workers elected to the composition of a trade union body and not released from production work, without the consent of that body;
heads of trade union bodies in the subdivisions of an organization without the consent of the relevant trade union body;
heads of trade union bodies in the organization without the consent of the relevant association of trade unions.
Termination of an employment contract at the initiative of the employer with persons elected to the composition of trade union bodies and not released from production work is permitted, in addition to observing the general procedure for terminating an employment contract, with the prior consent of the trade union body of which they are members, and with the chairman of the organization's trade union body, furthermore, with the consent of the relevant association of trade unions being obtained.
Members of trade union bodies who are not released from their production work are provided, on terms determined by a collective agreement or arrangement, with time off while retaining their average earnings for the performance of public duties in the interests of the labor collective, as well as for short-term study through the trade union line.
Members of trade union bodies are released from production work with payment in the amount of average earnings at the expense of the trade union for the period of participation as delegates at congresses, conferences convened by trade unions, as well as in the work of their plenums and presidiums.
In cases provided for by the trade union's charter, trade union organizers or organizers of trade union groups may be elected in organizations, to whom the guarantees provided for by this Article extend.
Article 16. Guarantees for workers elected to trade union bodies and released from production work
Workers released from production work due to their election to elective positions in trade union bodies are provided with their previous work (position) after the expiration of their electoral powers, and if such work (position) is unavailable, they are provided with other work (position) equivalent to the previous one in the same organization or, with the consent of the worker, in another organization.
If it is impossible to provide the relevant work (position) to workers elected to trade union bodies, they shall enjoy the benefits provided for by legislation, collective agreements, and arrangements.
Article 17. Additional labor guarantees for workers elected to trade union bodies
Disciplinary penalty at the initiative of the employer, termination of the employment contract with workers elected to the composition of trade union bodies and not released from production work, as well as termination of labor relations with workers elected to the composition of trade union bodies at the initiative of the employer within two years after the expiration of their electoral powers, are not allowed without obtaining the prior consent of the local labor body.
Article 18. Employer's obligations to create conditions for the implementation of trade union activity
The employer must:
observe the rights of trade unions and assist their activity;
conduct consultations with trade unions before making decisions that affect the interests of workers, and in cases stipulated by labor legislation and normative acts, obtain their consent;
timely review the proposals of trade unions and notify them in writing of the decisions made, stating the reasons;
grant unobstructed access to representatives of trade union bodies to the workplaces of the workers whose interests they represent;
provide trade unions with necessary information free of charge on issues related to the socio-economic rights and interests of workers;
ensure trade unions are provided with the necessary conditions for the performance of their duties;
grant time off during working hours for persons elected to the composition of trade union bodies and not released from production work to perform their trade union duties. the time for performing trade union duties must not be less than 30 percent of the total working hours per week;
transfer funds to trade unions for the purposes and in the amounts specified in the collective agreement or arrangement;
timely transfer trade union membership fees, withheld from the wages of workers who are trade union members, to the relevant trade union account, provided there are written applications from the workers and such a provision is stipulated in the collective agreement or arrangement.
Chapter 4. Procedure for the formation, reorganization, and termination of activity of trade unions, their associations, subdivisions, and primary trade union organizations
Article 19. Formation of trade unions, their associations, subdivisions, and primary trade union organizations
Trade unions carry out their activity by forming a legal entity in the form of a public association.
Trade unions are formed at the initiative of workers of one or several organizations.
Trade union subdivisions and primary trade union organizations may be formed with or without the status of a legal entity. Trade unions maintain records of their primary trade union organizations, including those without the status of a legal entity.
Trade unions operate on the basis of a charter registered with justice bodies.
State bodies, their officials, and employers may not be initiators of the formation of trade unions or their associations, nor members of their governing bodies.
The initiators of the formation of a trade union or an association of trade unions convene a congress (conference) or a general meeting, at which the charter is adopted and governing bodies are formed.
Trade unions, their associations, as well as their subdivisions and primary trade union organizations that are legal entities, are considered formed from the moment of State registration.
Trade union subdivisions and primary trade union organizations without the status of a legal entity may optionally be registered with justice bodies.
The procedure for registering trade union subdivisions and primary trade union organizations without the status of a legal entity is determined by the Cabinet of Ministers of the Republic of Uzbekistan.
Article 20. Charter of a trade union or an association of trade unions
The charter of a trade union or an association of trade unions shall stipulate the following:
name, goals, and objectives;
organizational and legal form, and the territory within which the activity is carried out;
categories and professional groups of workers uniting;
conditions for admission to and withdrawal (expulsion) from membership in the trade union or association of trade unions;
procedure for paying membership fees and their amounts;
rights and duties of members;
structure and governing bodies, and, if necessary, control and audit bodies;
competence of the trade union bodies and the procedure for their formation, the duration of their powers, and the location of the governing body operating on a permanent basis;
sources of formation of monetary funds and other property, as well as the procedure for their management;
procedure and deadlines for reporting to members;
procedure for reorganization and termination of activity;
procedure for making amendments and additions to the charter.
The charter of a trade union or an association of trade unions may contain a description of their symbols.
The charter may also stipulate other provisions related to the activity of the trade union or association of trade unions that do not contradict legislation.
The requirements of the charter of an association of trade unions are mandatory for the trade unions that are members of the association of trade unions.
Article 21. State registration of trade unions, their associations, subdivisions, and primary trade union organizations
State registration of trade unions, their associations, as well as their subdivisions and primary trade union organizations that are legal entities, is carried out by justice bodies.
Article 22. Symbols of trade unions and their associations
Trade unions and their associations may have a flag, emblem, symbolic banner, and other symbols. The symbols of trade unions and their associations must not be identical to State symbols.
The symbols of trade unions and their associations are approved by their governing body in accordance with the charter and are subject to State registration.
Article 23. Reorganization and termination of activity of trade unions, their associations, subdivisions, and primary trade union organizations
Reorganization of trade unions, their associations, subdivisions, and primary trade union organizations is carried out by decision of their governing body, as determined by the charter.
Termination of the activity of trade unions, their associations, subdivisions, and primary trade union organizations is carried out by decision of their governing body or by court order.
The activity of trade unions, their associations, subdivisions, and primary trade union organizations may not be terminated or suspended by administrative procedure.
Chapter 5. Economic foundations of the activity of trade unions, their associations, subdivisions, and primary trade union organizations
Article 24. Property of trade unions, their associations, subdivisions, and primary trade union organizations
Trade unions, their associations, as well as their subdivisions and primary trade union organizations that are legal entities, may own buildings, structures, residential and non-residential premises, equipment, inventory, monetary funds, including funds in foreign currency, securities, and other property.
A trade union subdivision or a primary trade union organization without the status of a legal entity has the right to have a special bank account opened in a servicing bank by the relevant trade union or its subdivision, or by the employer upon their application, and is entitled to freely dispose of the monetary funds held in that account. Levying execution against a trade union organization's special account for the obligations of the employer is not allowed.
It is prohibited for trade unions, their associations, subdivisions, and primary trade union organizations to render any financial assistance to employers' associations (unions, associations) and political parties.
Article 25. Sources for the formation of the property of trade unions, their associations, subdivisions, and primary trade union organizations
The following may be sources for the formation of the property of trade unions, their associations, subdivisions, and primary trade union organizations:
membership fees;
voluntary property contributions and charitable donations;
proceeds from entrepreneurial activity;
other proceeds not prohibited by legislation.
The sources of the property of trade unions, their associations, subdivisions, and primary trade union organizations, the procedure for their formation, and their use are determined by their founding documents.
Funds received from the sources for the formation of the property of trade unions, their associations, subdivisions, and primary trade union organizations are used to achieve the goals and fulfill the objectives stipulated in their founding documents.
Article 26. Entrepreneurial activity of trade unions, their associations, subdivisions, and primary trade union organizations
Trade unions, their associations, as well as their subdivisions and primary trade union organizations that are legal entities, may engage in entrepreneurial activity within the scope of their relevant goals and objectives stipulated in their founding documents.
Trade unions, their associations, as well as their subdivisions and primary trade union organizations that are legal entities, have the right to carry out foreign economic activity, establish commercial organizations, engage in publishing activity, and form various funds in the established manner, in accordance with the goals and objectives stipulated in their founding documents.
Chapter 6. Rights of trade unions, their associations, subdivisions, and primary trade union organizations
Article 27. Right to participate in resolving issues of protecting the socio-economic rights and interests of workers
Trade unions, their associations, subdivisions, and primary trade union organizations have the right to participate in resolving issues of ensuring employment of the population, protecting workers being released from work, as well as other issues related to the protection of the socio-economic rights and interests of workers.
Trade unions, their associations, subdivisions, and primary trade union organizations have the right to appeal to the court with a statement of claim, as well as an application for the issuance of a court order, protecting the labor rights of workers.
Article 28. Right to participate in the development of draft normative legal acts and normative documents in the field of technical regulation
Trade unions and their associations have the right to participate in the development of draft normative legal acts and normative documents in the field of technical regulation related to the socio-economic rights and interests of workers.
Draft normative legal acts and normative documents in the field of technical regulation concerning the socio-economic rights and interests of workers must be mandatorily agreed upon with the relevant trade union or association of trade unions.
Article 29. Right to conduct collective bargaining and conclude collective agreements and arrangements
Trade unions, their associations, subdivisions, and primary trade union organizations have the priority right to conduct collective bargaining and conclude collective agreements and arrangements on behalf of the workers whose interests they represent.
Persons who are representatives of the employer are prohibited from conducting collective bargaining and concluding collective agreements and arrangements on behalf of the workers.
Article 30. Rights in the field of employment assistance
Trade unions and their associations have the right to participate in the development of State employment programs, propose measures to ensure employment, including the creation and preservation of new jobs, improve the activity of organizations, and prevent mass redundancies of workers.
The employer provides the relevant trade union or association of trade unions representing the interests of workers with timely information, at least two months in advance, about the possible mass redundancy of workers and holds consultations aimed at mitigating the consequences of redundancy.
Trade unions and their associations have the right to submit proposals for consideration by local State power bodies to suspend the employer's decision on mass redundancy of workers for a period of up to six months.
In cases stipulated by a collective agreement or arrangement, termination of an employment contract at the initiative of the employer without obtaining the prior consent of the relevant trade union or primary trade union organization is not allowed, unless otherwise provided by legislation.
Article 31. Rights in the field of social protection of workers
Trade unions and their associations have the right to participate in the formation of social programs aimed at creating conditions that ensure a decent life and free development of a person, in the development of measures for the social protection of workers, in establishing the basic criteria for the standard of living and the minimum subsistence level.
Trade unions, their associations, subdivisions, and primary trade union organizations have the right to participate in the work of liquidation commissions during the reorganization or termination of activity of organizations.
Article 32. Right to obtain information
Trade unions, their associations, subdivisions, and primary trade union organizations have the right to receive information free of charge from State bodies, their officials, and employers on issues of the socio-economic rights and interests of workers for the purpose of carrying out their charter activity.
Article 33. Rights in the field of labor protection
Trade unions and their associations have the right to participate in the formation of State programs on labor protection issues.
In the field of labor protection, trade unions, their associations, subdivisions, and primary trade union organizations have the right to:
obtain information from the heads and other officials of organizations on working conditions and labor protection, as well as on all industrial accidents and occupational diseases;
participate in the investigation of industrial accidents and occupational diseases;
submit proposals to the employer on suspending work in cases of threat to the life and health of workers, as well as on eliminating violations of labor protection requirements;
study the state of labor protection, monitor the fulfillment of labor protection obligations of employers stipulated in collective agreements and arrangements;
participate in the safety expertise of working conditions at designed, constructed, reconstructed, and operated production facilities, as well as in the safety expertise of designed and used production means;
participate as independent experts in the work of commissions for testing and commissioning production facilities and production means;
participate in the meetings of the medical and social expert commission;
participate in the development of draft normative documents in the field of technical regulation and normative legal acts on labor protection issues;
appeal to the relevant bodies with demands to hold accountable persons guilty of violating labor protection requirements and concealing facts of industrial accidents;
apply to the court to protect the worker's right to compensation for damage caused by injury or other harm to health related to the performance of the worker's labor duties, and in other cases where the rights of workers to health protection and labor protection have been infringed upon.
Article 34. Rights in the field of exercising public control
Trade unions, their associations, subdivisions, and primary trade union organizations have the right to exercise public control in the workplaces over the observance by employers of the requirements of normative legal acts and normative documents in the field of technical regulation related to the socio-economic rights and interests of workers, as well as collective agreements and arrangements.
Article 35. Right to protect workers' interests in the review of labor disputes
Trade unions, their associations, subdivisions, and primary trade union organizations have the right to participate in the work of commissions on labor disputes, the procedure for the formation and activity of which is determined by legislation.
Trade unions, their associations, subdivisions, and primary trade union organizations have the right to participate in the settlement of collective labor disputes.
Trade unions and their associations may establish legal and other services, as well as involve relevant specialists on a contractual basis, to protect the socio-economic rights and interests of workers.
Trade unions, their associations, subdivisions, and primary trade union organizations have the right to issue mandatory instructions to the heads and other officials of organizations regarding the elimination of identified violations of normative legal acts and normative documents in the field of technical regulation related to the socio-economic rights and interests of workers, as well as to submit representations to the heads of organizations on bringing persons guilty of these violations to disciplinary liability.
Trade unions, their associations, subdivisions, and primary trade union organizations are exempted from paying State duty in courts when applying with claims arising from labor legal relations in the manner established by legislation.
Article 36. Right to participate in the conclusion and monitoring of the execution of international treaties of the Republic of Uzbekistan
Trade unions and their associations may participate in the conclusion of international treaties of the Republic of Uzbekistan related to the socio-economic rights and interests of workers, and in monitoring their execution.
Trade unions and their associations have the right to hear information from the relevant State bodies, their officials, and employers on the execution of international treaties of the Republic of Uzbekistan related to the socio-economic rights and interests of workers.
Trade unions and their associations have the right to cooperate with trade unions of other countries, and to be members of international and other trade union associations and organizations.
Chapter 7. Exercising public control
Article 37. Object of public control
The following activities of state bodies, their officials, and employers are objects of public control:
ensuring the implementation of normative legal acts and technical regulation documents related to the socio-economic rights and interests of employees;
fulfilling collective agreements and accords, as well as carrying out activities aimed at implementing projects and programs within the framework of social partnership.
Article 38. Appeals and inquiries
Trade unions, their associations, subdivisions, and primary trade union organizations have the right to appeal to State bodies, their officials, employers, and their associations (unions, associations) with applications, complaints, and proposals, and to send inquiries to them.
Trade unions, their associations, subdivisions, and primary trade union organizations have the right to discuss the received information with the participation of representatives of State bodies, employers, their associations (unions, associations), and collegiate governing bodies of organizations.
Trade unions, their associations, subdivisions, and primary trade union organizations have the right to request certificates and other documents necessary to protect the socio-economic rights and interests of workers from State bodies, as well as to request them from organizations that are obliged to provide the requested documents or their certified copies.
The right of trade unions, their associations, subdivisions, and primary trade union organizations to information may be restricted if such information is classified as personal data or information constituting State secrets or other secrets protected by Law in the manner established by Law.
Article 39. Participation in open collegial meetings of state bodies, employers, and their associations (unions, associations)
Trade unions, their associations, subdivisions, and primary trade union organizations have the right to participate in the open collegial meetings of State bodies, employers, and their associations (unions, associations), and these bodies must create conditions for their participation in their open collegial meetings.
A representative of the most massive association of trade unions is invited to the meetings of the Cabinet of Ministers of the Republic of Uzbekistan when issues related to the socio-economic rights and interests of workers are being considered.
Article 40. Public discussion
Trade unions, their associations, subdivisions, and primary trade union organizations may conduct public discussions of draft normative legal acts, normative documents in the field of technical regulation, and decisions of state bodies, employers, and their associations (unions, associations) related to the socio-economic rights and interests of workers.
Article 41. Public hearing
Trade unions, their associations, and subdivisions may conduct public hearings to discuss issues related to the activity of state bodies, their officials, and employers regarding the fulfillment of the requirements of normative legal acts and normative documents in the field of technical regulation concerning the socio-economic rights and interests of workers.
Primary trade union organizations may conduct public hearings to discuss issues related to the activity of employers regarding the fulfillment of the requirements of normative legal acts and normative documents in the field of technical regulation concerning the socio-economic rights and interests of workers.
Public hearings may be held with the participation of representatives of state bodies, employers, their associations (unions, associations), other institutions of civil society, and members of trade unions.
Article 42. Public monitoring
Trade unions, their associations, subdivisions, and primary trade union organizations may conduct public monitoring of the execution of normative legal acts and normative documents in the field of technical regulation related to the socio-economic rights and interests of workers, as well as collective agreements and arrangements.
Article 43. Public expertise
Trade unions and their associations may conduct public expertise of draft normative legal acts, normative documents in the field of technical regulation, decisions of state bodies, employers, and their associations (unions, associations), as well as draft collective agreements and arrangements related to the socio-economic rights and interests of workers.
If a trade union or an association of trade unions disagrees with the content of a draft normative legal act or normative document in the field of technical regulation fully or in part, it has the right to submit a corresponding conclusion to the body adopting the normative legal act or normative document in the field of technical regulation.
Recommendations and written inquiries of the trade union or association of trade unions regarding the necessity of introducing amendments and additions to normative legal acts or normative documents in the field of technical regulation that impede or restrict the rights and legitimate interests of workers, as well as recognizing such documents as having lost force, must be reviewed, and reasoned conclusions about the results of their review shall subsequently be sent to the trade union or association of trade unions.
Public expertise of draft decisions of employers, collective agreements, and arrangements may also be carried out by trade union subdivisions and primary trade union organizations.
Article 44. Formation of trade union inspections
For the purpose of exercising public control over the observance of normative legal acts and normative documents in the field of technical regulation related to the socio-economic rights and interests of workers, inspections may be formed within the structure of trade unions, their associations, and subdivisions, where relevant trade union inspectors operate (hereinafter — trade union inspections).
The regulation on the trade union inspection is approved by the relevant trade union or association of trade unions.
Article 45. Rights and obligations of trade union inspectors
When carrying out their activity, trade union inspectors have the right to:
request and receive free of charge from state bodies, organizations, their officials, employers, and their associations (unions, associations) certificates and other documents, statistical data, and other information necessary for the performance of their duties;
participate as representatives on their own initiative or at the request of workers in courts and other bodies reviewing labor disputes to protect the socio-economic rights and interests of workers;
visit organizations and workplaces for the purpose of exercising public control over the observance of normative legal acts and normative documents in the field of technical regulation related to the socio-economic rights and interests of workers, as well as based on the appeals of trade union members;
participate in the established manner in the investigation of industrial accidents and other harm to the health of workers related to the performance of their labor duties, as well as occupational diseases.
Trade union inspectors must:
comply with the requirements of legislation;
not interfere in the financial and economic activity of organizations;
not disclose information constituting production or commercial secrets that they may become acquainted with during the performance of their duties, including after leaving the position;
quarterly provide information to the relevant trade union body about the violations of normative legal acts and normative documents in the field of technical regulation related to the socio-economic rights and interests of workers identified, as well as the measures taken to eliminate and prevent these violations.
The information provided by trade union inspectors must be summarized by the relevant trade unions and their associations and published on their official websites, and, if necessary, in other sources annually, no later than May 1 of the following year.
Trade union inspectors may also have other rights and obligations in accordance with legislation.
Article 46. Results of public control
Based on the results of public control, a final document is prepared in the form of a protocol, conclusion, certificate, instruction, representation, or other form provided for by legislation.
The information, recommendations, and proposals set forth in the final document are mandatorily reviewed by State bodies and employers, and decisions are adopted on them. State bodies and employers notify the relevant trade unions and their associations about the results of the review.
In case of violation of the terms of the collective agreement or arrangement by employers, their associations (unions, associations), or executive power bodies, trade unions and their associations have the right to send them a representation on the elimination of these violations, which is reviewed within a week. If the elimination of these violations is refused or an agreement is not reached within the specified period, the disagreements are reviewed in accordance with legislation.
If facts of violation of the requirements of normative legal acts and normative documents in the field of technical regulation related to the socio-economic rights and interests of workers are revealed, trade unions and their associations have the right to send the materials to the State Labor Inspection or Law enforcement bodies.
Trade unions and their associations have the right to publish the results of public control.
Chapter 8. Social partnership in the field of labor
Article 47. Social partnership in the field of labor and its basic principles
Social partnership in the field of labor is a mutual cooperation aimed at ensuring the harmonization of interests between workers represented by trade unions (associations of trade unions), employers (associations (unions, associations) of employers), and State bodies on issues of regulating socio-labor relations of workers, employers, and the State.
Social partnership between trade unions and employers, their associations (unions, associations), and state bodies is built on the principles of equality, authorized representation of representatives, respect for and consideration of the parties' interests, and voluntary assumption of obligations.
Article 48. Parties to social partnership in the field of labor
The parties to social partnership in the field of labor are:
workers represented by trade unions, their associations, subdivisions, and primary trade union organizations;
employers, their associations (unions, associations);
state bodies.
Article 49. Commissions on socio-labor issues
For the purpose of ensuring the regulation of labor relations, conducting collective bargaining and consultations, preparing drafts of collective agreements and arrangements, concluding them, as well as organizing control over their fulfillment on the basis of equality, commissions on socio-labor issues vested with the necessary powers are formed by decision of the parties.
A tripartite commission on socio-labor issues operating on a permanent basis is formed at the republican level. Representatives of republican associations of trade unions, republican associations (unions, associations) of employers, the Cabinet of Ministers of the Republic of Uzbekistan, interested ministries and departments are members of the commission.
Commissions on socio-labor issues operating on a permanent basis are formed at the sectoral level. Representatives of sectoral associations of trade unions, sectoral associations (unions, associations) of employers, and at the suggestion of the parties — representatives of the Ministry of Employment and Labor Relations of the Republic of Uzbekistan and other interested ministries and departments are also members of the commissions.
Tripartite commissions on socio-labor issues operating on a permanent basis are formed at the territorial level. Representatives of territorial associations of trade unions, territorial associations (unions, associations) of employers, as well as representatives of local executive power bodies and other interested State bodies are members of the commissions.
Bipartite commissions consisting of representatives of the primary trade union organization and representatives of the employer are formed at the level of organizations to conduct collective bargaining.
Article 50. Forms of social partnership in the field of labor
Trade unions and their associations may exercise social partnership in the following forms:
conducting collective bargaining on preparing drafts of collective agreements, arrangements and concluding them, as well as introducing amendments and additions to collective agreements and arrangements;
exercising public control over the fulfillment of collective agreements and arrangements;
agreeing on draft local documents of organizations;
mutual consultations of the parties on issues of protecting the socio-economic rights and interests of workers;
participating in the development and implementation of socio-economic development programs of organizations;
participating in the relevant public councils under state bodies.
Trade unions and their associations have the right to participate in social partnership in other forms not prohibited by legislation.
Trade unions, their associations, subdivisions, and primary trade union organizations may initiate and organize joint events, as well as participate in them, within the framework of social partnership.
Chapter 9. Final provisions
Article 51. Resolution of disputes
Disputes in the field of trade union activity are resolved in the manner established by legislation.
Article 52. Liability for violation of legislation on trade unions
Persons guilty of violating legislation on trade unions are held liable in the established manner.
Article 53. Recognition of certain legislative acts of the Republic of Uzbekistan as having lost force
The following shall be recognized as having lost force:
1) the Law of the Republic of Uzbekistan "On trade unions, their rights, and guarantees of their activity", No. 638-XII, adopted on July 2, 1992 (Bulletin of the Supreme Council of the Republic of Uzbekistan, 1992, No. 9, Article 344);
2) the Resolution of the Supreme Council of the Republic of Uzbekistan "On the Implementation of the Law of the Republic of Uzbekistan "On trade unions, their rights, and guarantees of their activity", No. 639-XII, adopted on July 2, 1992 (Bulletin of the Supreme Council of the Republic of Uzbekistan, 1992, No. 9, Article 345);
3) part I of the Law of the Republic of Uzbekistan "On introducing amendments and additions to certain legislative acts of the Republic of Uzbekistan", No. 320-II, adopted on December 7, 2001 (Bulletin of the Oliy Majlis of the Republic of Uzbekistan, 2002, No. 1, Article 20);
4) the Law of the Republic of Uzbekistan "On introducing amendments to the Law of the Republic of Uzbekistan 'On trade unions, their rights, and guarantees of their activity", No. LRU-413, adopted on November 28, 2016 (Bulletin of the Chambers of the Oliy Majlis of the Republic of Uzbekistan, 2016, No. 11, Article 354);
5) Article 6 of the Law of the Republic of Uzbekistan "On introducing amendments and additions to certain legislative acts of the Republic of Uzbekistan in connection with the improvement of the activity of some state bodies in the field of security and defense", No. LRU-522, adopted on February 18, 2019 (Bulletin of the Chambers of the Oliy Majlis of the Republic of Uzbekistan, 2019, No. 2, Article 47).
Article 54. Ensuring the execution, delivery, and explanation of the essence and significance of this law
The Ministry of Justice of the Republic of Uzbekistan and other interested organizations shall ensure the execution of this Law, its delivery to the executors, and the explanation of its essence and significance among the population.
Article 55. Harmonization of legislation with this Law
The cabinet of ministers of the Republic of Uzbekistan shall:
harmonize government decisions with this Law;
ensure that State administration bodies review and repeal their normative legal acts that contradict this Law.
Article 56. Entry into force of this Law
This Law enters into force three months after the day of its official publication.
President of the Republic of Uzbekistan SH. MIRZIYOYEV
