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Uzbekistan: Regulation of Employment of Foreign Citizens



04.06.2014 Jamol Ryskiyev, Partner, Юридическая фирма "Diplomat Law", www.diplomatlaw.com

Company-resident of Uzbekistan, carrying out entrepreneurial activity and intending to hire a foreign citizen (i.e. to conclude a labor contract with him/her) (hereinafter “Employer” or “Company”), should receive a license for attracting foreign labor force (hereinafter “License”). Conforming with this regulation is not required if the foreign citizen possesses permanent resident status for living in Uzbekistan. This License is issued by the Agency for Foreign Labor Migration Affairs under the Ministry of Labor of Uzbekistan (hereinafter “Agency”) for the duration of 1 (one) year.

In order to obtain License the Company should provide the Agency with the following documents and information:

1) Standard application form on behalf of Company;

2) Information about Company on a standard form;

3) Standard obligation form, signed by Company;

4) Passport copy of the person, who is the Company manager (General Director, Director);

5) Extract or copy of the Minutes of General Meeting of Shareholders (Decision of Sole Shareholder, if there is one shareholder) of the Company about appointment of acting (or new) manager and Decree of Company’s manager about taking the office;

6) Notarized copies of Company’s constituent documents;

7) Notarized copy of Company’s certificate of registration, issued by justice departments or district (city) mayor’s office (“khokimiyat”);

8) Copy of lease agreement, cadastral documents or other documents confirming legal address, actual address and/or production site address of Company;

9) Copy of payment order, confirming payment of state fee at the amount of 10 minimum monthly wages (MMW), which equals to 915 300 soums (approximately 425 US Dollars) as of September 20, 2013;

10) Power of attorney for Company’s employee (representative), if Company’s manager does not visit Agency himself.

 

In addition to abovementioned License, the Employer shall need to obtain a Permit for employment activity in Uzbekistan for each foreign citizen (“Work Permit”). It is issued by the Agency for up to 1-year period.

In order to obtain Work Permit the Company should provide the Agency with the following documents and information:

1) Standard application form on behalf of Company;

2) Standard application form for foreign citizen to be hired;

3) Initial approval (consent) of the territorial department of labor and social protection of Uzbekistan, issued in the form of official letter, for hiring the foreigner by the Company. Initial approval (consent) should be taken before submitting documents to the Agency. Meanwhile, it is not required to receive the initial approval for hiring a foreigner for the position of Company’s manager (General Director, Director).

4) Draft of a labor contract to be signed by the Company’s manager and the foreigner to be hired. An extract or copy of the Minutes of General Meeting of Shareholders (Decision of Sole Shareholder, if there is one shareholder) of the Company about appointing a foreign citizen as Company’s new manager should be provided instead of the draft of labor contract. Also, a Decree of Company’s new manager about taking the office should be provided.

5) Copy of the passport of the foreign citizen (along with valid Uzbek visa and temporary registration, if the foreigner is in Uzbekistan) who will receive a Work Permit. If the foreigner is in Uzbekistan at the time of submitting documents to the Agency, the foreigner should possess onlybusiness («B-1», «B-2»), employment («Е») or service («S-3») type of Uzbek visa.

If the foreigner is outside of Uzbekistan at the time of submitting documents to the Agency, copies of Uzbek visa and temporary registration are not provided to the Agency by the Employer at the time of submitting documents.

6) Photos of the foreigner who will receive Work Permit.

7) Copies of diploma, certificate(s), letters of recommendation or other documents that confirm conformity of the foreign citizen for hiring position;

8) HIV certificate. If the foreigner is outside of  Uzbekistan at the time of submitting documents to the Agency, such certificate is provided to the Agency upon arrival of the foreigner to Uzbekistan, at the time of receiving the Work Permit;

9)Copy of payment order, confirming payment of state fee at the amount of 10 minimum monthly wages (MMW). Payment of this fee is made in the same order established for payment of fee for the License;

10) Power of attorney for Company’s employee (representative), if Company’s manager does not visit Agency himself.

It is necessary to note that if the foreigner is outside of Uzbekistan at the time of submitting documents to the Agency for receiving Work Permit, he(she) should not enter Uzbekistan until Agency’s committee makes a decision on his(her) case. Otherwise, his (her) application for Work Permit shall be denied.

Also, if the foreigner reside in Uzbekistan with expired Uzbek visa or without registration in police department for more than 3 days (excluding weekends and holidays) or have entered Uzbekistan by tourist, visitor visa or visa with the mark “without right to employment” or “EXIT”, then documents for receiving Work Permit shall not be accepted by the Agency.

License and Work Permit are issued within 30 (thirty) days from the date of submitting appropriate documents to the Agency.

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