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The procedure for hiring foreign specialists has been changed.

The procedure for hiring foreign specialists has been changed.

   Resolution of the Cabinet of Ministers of the Republic of Uzbekistan No.244 dated March 25, 2019 in pursuance of the Resolution of the President No. PP-4008 of November 7, 2018 “On measures on the creation of favorable conditions for carrying out of labor activities on the territory of the Republic of Uzbekistan by qualified specialists from foreign states” passed the Regulation dated March 25, 2019 of the Cabinet of Ministers of the Republic of Uzbekistan on the approval of Provisions “On the procedure for attracting and usage of labor force in the Republic of Uzbekistan”.

   As before, employers may attract foreign labor to Uzbekistan on the basis of a permit, and foreign citizens carry out their labor activities in Uzbekistan upon receipt of confirmation.
 The earlier established procedure, as before, shall not cover the following categories:
- Employees of permanent representative offices of foreign states, representative offices of international intergovernmental organizations and government organizations of foreign states accredited with the Ministry of Foreign Affairs of the Republic of Uzbekistan, as well as other persons with diplomatic status;
- As before, employers may attract foreign labor to Uzbekistan on the basis of a permit, and foreign citizens carry out their labor activities in Uzbekistan upon receipt of confirmation.
-Specialists recruited to work in the field of tourism at the request of the State Committee on the Development of Tourism of the Republic of Uzbekistan for a period of up to three months; 
- Founders of foreign and joint ventures operating or being created in the Republic of Uzbekistan for a period of up to three months;
- Figures of science and culture engaged in labor activities on the territory of the Republic of Uzbekistan in organizations established in compliance with intergovernmental agreements;
-Students undergoing production internships during their holidays within the framework of educational programs of higher educational institutions of the Republic of Uzbekistan;
-Representatives of mass media accredited with the Ministry of Foreign Affairs of the Republic of Uzbekistan;
- Employees of non-governmental non-commercial organizations, as well as representative offices and branches of international and foreign non-governmental non-commercial organizations  accredited with the Ministry of Justice of the Republic of Uzbekistan;
- Scientists and cultural workers engaged in labor activity on the territory of the Republic of Uzbekistan working in the organizations established in accordance with intergovernmental agreements;
-Persons for whom a different procedure of employment has been determined in compliance with international treaties of the Republic of Uzbekistan.
Excluded from this list however, are, first, employees of representative offices of foreign commercial organizations accredited with the State Committee on Investments of the Republic of Uzbekistan. Second, this Provision shall not also cover:
- persons mentioned in the sub-point “a” of clause 5 of the Resolution No.PP-4008 of the President of the Republic of Uzbekistan dated November 7, 2018 “On measures on the creation of favorable conditions for carrying out labor activities on the territory of the Republic of Uzbekistan by qualified personnel of foreign countries”;
- teachers and specialists attracted to work with  the Presidential School in the Republic of Uzbekistan, in the provinces and in the city of Tashkent, as well as with the higher educational institutions (only teachers of higher educational institutions were related to this category before);
-persons, who received resident permits in the Republic of Uzbekistan;
-lecturers and instructors invited for delivering courses of lectures and such other work at the Uzbek academies and educational institutions of higher professional education.
 Permit for attracting foreign labor force shall be issued for a period of 1 year strictly in compliance with indicated number and specialities (positions) of foreign citizens. Moreover, the number and specialities (positions) of requested foreign specialists by an employer will have to coincide to his/her actual need in labor force.
 The list of documents submitted for obtaining a permit has been reduced, the deadlines have been cut down, but the fees have been significantly increased:
- for consideration of the employer’s application – 1 minimum monthly salary;
- for issuing a permit – 50 minimum monthly salaries.
This amount made up before 10 minimum monthly salaries;
Indicated were the grounds for refusal to issue a permit:       
-  indication of false information in the statement;
-incompliance in the number of specialties (positions) of foreign citizens requested by the employer and his/her factual requirements in labor force;
- the fact that foreign citizens were recruited on the basis of labor contracts without obtaining permits and confirmations in the prescribed manner.

Confirmations shall be issued for the duration of the employment contract validity, but not for more than 1 year, with the possibility of an unlimited number of renewals, but not for more than 1 year in each case.
Receipt of employment confirmation for a foreign citizen in the Republic of Uzbekistan shall be the same as it was done previously at the request of the employer.
Consideration of the employer’s application for issuance of confirmation shall be charged at the rate of a 1 monthly minimum salary.
Also increased the amount of fees for obtaining confirmation depending on the category of employee:
-for compatriots, highly qualified and qualified specialists, lecturers and specialists attracted to work with the Presidential schools and higher educational institutions – double amount of the minimum monthly salary;
-for foreign specialists – 30 times the amount of the minimum monthly salary.
 In the past this amount made up 10 times the amount of the minimum monthly salary rate.
We remind that the terms “highly qualified specialist” and “qualified specialist” are introduced by the aforementioned Presidential Decree and have the following meaning:

  • a highly qualified specialist is a foreign citizen, graduate of a higher educational institution included in the rating of 1000 top internationally recognized higher educational institutions, the list of which shall be approved by the joint resolution of the Ministry of Higher and Secondary Special Education and the State Inspectorate for Supervision of quality of education under the Cabinet of Ministers of the Republic of Uzbekistan, with experience of not less than 5 years in the declared speciality or speciality indicated in diploma, whose conditions for engagement in labor activities in the Republic of Uzbekistan involve receiving salary (remuneration) in the amount of not less than the equivalent of US$60 thousand per annum;
  • a qualified specialist is a foreign citizen with a higher education, work experience of at least 5 years in the declared speciality or speciality indicated in diploma, whose conditions for engagement in labor activities in the Republic of Uzbekistan imply receiving salary (remuneration) in an amount not less than the amount equivalent to US$30 thousand per annum;
  • compatriot – a native of Uzbekistan, who had gone overseas and acquired citizenship of a foreign state, retained a sense of spiritual and cultural involvement with the Motherland and striving to develop friendly cultural, humanitarian, socio-economic and such other ties with the Republic of Uzbekistan, as well as a foreign citizen or stateless person living overseas, identifying him/herself as an Uzbek or Karakalpak by ethnic and linguistic background, as well as from a cultural and historical point of view and willing to support and maintain all-round relations with Uzbekistan. 

The following reasons may serve as a ground for refusal to issue a confirmation:
-  indication of inaccurate information in the statement;
- conclusion of a relevant territorial employment agency on inexpediency of attracting foreign citizens;
-incompliance between the number and specialities (positions) of attracted foreign citizens and the factual need of the employers in the labor force;
-the fact of employing attracted foreign citizens under employment contract without obtaining confirmations in the prescribed manner.
  A confirmation shall be registered and sent to the employer after effecting the payment within one working day.

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