Prohibition of Discrimination in Recruitment

Under the Labour Code of the Republic of Uzbekistan, for reasons connected with pregnancy or the presence of children, it is prohibited to:

• refuse to employ a person;
• dismiss an employee;
• reduce an employee’s remuneration.

An employer may assess only the candidate’s professional qualities, qualifications, education, professional training and ability to perform the specific work.

Pregnancy, the presence of children or family responsibilities are not lawful grounds for refusing employment.

Direct or indirect restrictions based on sex, marital status or other circumstances unrelated to the employee’s professional qualities constitute discrimination in employment and occupation.

Written Explanation of the Refusal

If an employer refuses to employ a pregnant woman or a person with children, it must provide a written explanation of the reasons for the refusal at that person’s request.

The written explanation must:

• be signed by an official authorised to employ personnel;
• be provided within three days of the request;
• state the specific and lawful reasons for the refusal.

The employer’s failure to provide a written explanation does not prevent the person from appealing against the refusal of employment.

Guarantee Relating to Probation

No probationary period may be established when employing:

• a pregnant woman;
• a woman with a child under three years of age;
• a father raising a child under three years of age alone;
• a guardian raising a child under three years of age alone.

A probationary clause included in an employment contract with such a person is contrary to the requirements of the law.

Appealing against Refusal

A person who has been unlawfully refused employment is entitled to:

• request a written explanation from the employer;
• apply to the State Labour Inspectorate;
• seek assistance from a trade union or another competent body;
• apply to a court.

When the dispute is considered, the obligation to prove that the refusal was lawful and justified rests with the employer.