No, it does not. Your employment rights are guaranteed and are under the effect of the Labour Code, which was adopted on December 21, 1995 and came into force on April 1, 1996. In contrast to the pre-existing Labour Code, the current is focused on the regulation of labor in market conditions. It has greatly expanded the scope of contractual regulation of labor relations. Despite the fact that you started to work during the old code, since the entry into force of newly adopted Labour Code your labor relations are under its legal regulation. Since the entry into force of new Labour Code, laws and other previously adopted regulations shall apply to the extent not contrary to the Labour Code.
Sure you can. The action of the Labour Code applies to all employers and workers (engaged in labor activities on the basis of an employment contract), regardless of the form of ownership and organizational and legal forms. Administration of a private company in which you want to get a job, bears the same responsibility as the management of public organizations. In all cases, the basis of the employment relationship will be an employment contract concluded between you and the employer. However, keep in mind that each organization can establish its own internal rules, which must not contradict the Constitution and the Labour Code.
The director is not right, and in this case he has violated labor laws. Second paragraph of Article 4 of the Labour Code stipulates that additional labor rights and guarantees compared to legislative acts can be determined by other normative acts including contractual (collective agreements, other local acts) as well as labor agreements concluded between the employee and the employer. Third part of this article stipulates that conditions of labor agreements and contracts cannot be changed unilaterally, unless otherwise provided by law.
It is not right. In accordance with Article 5 of the Labor Code the terms of the labor agreements worsening the condition of workers in comparison with legislative and other normative acts are invalid. At the same time, Article 134 of the Labor Code provides that annual basic leave granted to employees is not less than fifteen working days.
All citizens of Uzbekistan have equal opportunities to possess and exercise labor rights. This is stipulated by the first part of Article 6 of the Labour Code. Uzbekistan ratified the ILO Convention №111 (1958) “On Discrimination in employment and occupation”. The imposition of any restrictions or the granting of privileges in labor relations based on gender, age, race, nationality, language, social origin, property or official status, attitude to religion, convictions, membership of public associations or other circumstances not related to employees' qualifications and the results of their work is unacceptable and considered as discrimination. Any citizen, who feels that he has been discriminated against in employment, may appeal to the court for the elimination of discrimination and compensation for material and moral damage caused to him. In accordance with Article 9 of the Labour Code, you can contact the Ministry of Labour of the Republic of Uzbekistan, trade unions, General prosecutor of Uzbekistan and the procurators subordinate to him.
No, you cannot. Being refused in employment violates the requirements of Article 6 of the Labour Code on equal opportunities in the possession and use of labor rights and the prohibition of discrimination in labor relations. With regard to the matter, this means that it is illegal to be refused in employment under any of the circumstances (gender, age, race, nationality, language, etc.) listed in the first part of Article 6 of the Labour Code. Moreover, it should be noted that the list of circumstances contained in the first part of Article 6 of the Labor Code is not exhaustive. This means that restriction or preference based on any other circumstances not related to professional qualities are considered as discrimination. If you have the necessary professional qualities, the failure for any reason, including the fact that you - a mulatto, is unacceptable. Professional qualities mean the presence of: a) appropriate professional qualifications (of a certain profession, specialty, and qualification); b) the personal qualities that are required for the job (occupation of the post); a certain level of education, work experience in the relevant specialty, health, etc. If you are refused in job, you are entitled to request justification of the reasons for such refusal. Please note that the rationale for the refusal should be issued in writing. If the reasons for refusal were communicated orally, the corresponding requirement of the Labor Code is failed. In addition, the rationale for the refusal must be signed by an official having the right to employ. In the case if it is signed by other persons (ex: a staff inspector, head of the personnel department, etc...), the requirements of part three of Article 78 of the Labour Code will also be considered as not fulfilled.
No, action of director is illegal and characterized as forced labor. On the basis of Article 7 of the Labour Code, “Forced labor i.e. compulsion to perform work under the threat of any punishment (including as a means of labor discipline) is prohibited”. It is not considered as forced labor the work the implementation of which is required: on the basis of legislative acts on military or alternative service (Law "On universal military duty and military service"); in emergency situations; due court sentence entered into force; in other cases stipulated by law. According with Article 177 of the Labour Code, an employer should not require an employee to perform work outside of his work duties, commit acts that are illegal or threaten the life and health, humiliated honor and dignity of the worker or others.
In accordance with Article 11 of the Labour Code, labor legislation applies to foreign citizens and stateless persons working in the territory of the Republic of Uzbekistan under the employment contract concluded with the employer.