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East European Scientific Journal #2(66), 2021 43
ЮРИДИЧЕСКИЕ НАУКИ
УДК 342.7, 342.97 ГРНТИ 10.17.22
Askarov Z.S.
PhD in law,
Peter the Great Saint-Petersburg polytechnic university, Tashkent State University of law
REFORMS CARRIED OUT IN THE REPUBLIC OF UZBEKISTAN TO ENSURE THE PROTECTION OF THE RIGHTS AND LEGITIMATE INTERESTS OF CITIZENS ENGAGED IN TEMPORARY
LABOR ACTIVITY ABROAD
Аскаров Зохиджон Садикжанович
доктор философии по юридическим наукам, Санкт-Петербургский политехнический университет Петра Великого, Ташкентский государственный юридический университет
РЕФОРМЫ ПРОВОДИМЫЕ В РЕСПУБЛИКИ УЗБЕКИСТАН ПО ОБЕСПЕЧЕНИЮ ЗАЩИТЫ ПРАВ И ЗАКОННЫХ ИНТЕРЕСОВ ГРАЖДАН ОСУЩЕСТВЛЯЮЩИХ ВРЕМЕННУЮ ТРУДОВУЮ ДЕЯТЕЛЬНОСТЬ ЗА РУБЕЖОМ
Summary. The article analyzes a number of normative legal acts regulating the issues of rights and protection of interests of citizens of the Republic of Uzbekistan carrying out temporary labor activities abroad. The mechanism of organized recruitment, pre-departure training of citizens, as well as issues of integration after returning to their homeland are analyzed.
Аннотация. В статье проведен анализ ряда нормативно-правовых актов регламентирующих вопросы прав и защиты интересов граждан Республики Узбекистан осуществляющих временную трудовую деятельность за рубежом. Проанализирован механизм организованного набора, пред выездной подготовки граждан а также вопросы интеграции после возвращение на родину.
Keywords: Labor migration, pre-departure preparation, monocenter, integration, reforms in the field of external labor migration, protection of the rights of labor migrants
Ключевые слова: Трудовая миграция, пред выездная подготовка, моноцентр, интеграция, реформы в сфере внешней трудовой миграции, защита прав трудовых мигрантов
Introduction
In past few years, the Republic of Uzbekistan has specially focused to the issues of state policy in the sphere of external labor migration. It should be noted that the intensive development of modern labor migration makes it possible to make the assumption that the direction of migration processes in the future will have an increasing influence on the policy of the state. However, despite the measures taken to streamline the processes of external labor migration, the conclusion of international agreements on the organized recruitment of citizens to work abroad, the creation of favorable conditions to ensure their safe passage to the place of work outside the republic, there are many unresolved problems in this area. For example, there are still large flows of illegal labor migration, the indicators of organized employment of citizens abroad, as well as the provision of employment for persons returning from labor migration, remain low [1]. Based on this, it is necessary to consider the ongoing reforms in this area in the Republic of Uzbekistan.
Main part
By the Decree of the President of the Republic of Uzbekistan "On measures to further strengthen the guarantees of protection of citizens of the Republic of
Uzbekistan carrying out temporary labor activity abroad, and members of their families" dated August 20, 2019 No. PP-5785, the Republican Commission on External Labor Migration was established. Its main tasks are defined as follows [2]:
• coordination of the activities of state authorities on organized labor migration, effective protection of the rights and legitimate interests of labor migrants, providing them with material and social support;
• organization of the development and implementation of state programs in the field of external labor migration, further improvement of national legislation and law enforcement practice in this area;
• establishing cooperation with authorized state bodies of foreign countries on issues of external labor migration, considering proposals for the accession (ratification) of Uzbekistan to international agreements in the field of labor migration;
• assistance in the realization by citizens of their rights to work abroad, fair and safe working conditions, ensuring their social and legal protection, as well as reintegration after returning to their homeland;
• hearing reports from the heads of state bodies on the work done in the field of external labor
44 East European Scientific Journal #2(66), 2021 migration, making decisions on this basis to encourage them or hold them accountable;
• carrying out a systematic analysis and monitoring of the state of work in the sphere of external labor migration with the development of specific measures, based on the results, aimed at increasing the efficiency of instruments of legal, financial and material support for labor migrants [2].
It was established that the heads of local authorities and authorized state bodies, at least once every six months, report to the Republican Commission on the work done in the field of support and protection of the rights of labor migrants and members of their families. In addition, the post of Adviser to the Prime Minister on the protection of the rights of labor migrants was introduced, a Department for the protection of the rights of citizens carrying out temporary work abroad was formed in the structure of the Cabinet of Ministers. The Department carries out a comprehensive analysis of migration processes, identifies the causes and factors of external labor migration, systemic problems associated with ensuring the rights and legitimate interests of labor migrants, as well as improving the conditions for their stay abroad. On its basis, the development and implementation of annual plans and programs to ensure organized employment of citizens of Uzbekistan abroad, specific measures ("road maps"), providing for the implementation of targeted measures in the field of external labor migration. Much attention was paid to the expansion of international cooperation, the implementation of interaction with the competent authorities of foreign states in the field of external labor migration, as well as the organization of the effective work of authorized bodies to consider appeals of labor migrants, to establish a direct and open dialogue with them.
According to the Decree of the Cabinet of Ministers of the Republic of Uzbekistan № 713 of 23.08.2019 "On additional measures to protect the rights and legitimate interests of citizens of the Republic of Uzbekistan carrying out temporary labor activities abroad" [3] , Centers for pre-departure orientation of citizens going to work abroad have been created in the structure of vocational training centers for the unemployed and unoccupied persons of the Ministry of Employment and Labor Relations of the Republic of Uzbekistan. Today, pre-departure orientation centers carry out short-term training, retraining and advanced training in specialties and foreign languages that are in demand in the foreign labor market, as well as testing and confirmation of the professional competence of citizens leaving for work abroad, including on the basis of direct contracts with vocational training centers for the unemployed and unoccupied persons, for vocational training of citizens sent to work abroad through organized labor migration from the Agency or private employment agencies, in pre-departure orientation centers or other vocational education institutions, including non-state ones, at the expense of The Employment Promotion Fund allocates grants in the amount of no more than 4 basic calculated
UB
BUSM
values per month for each trainee, vocational training of citizens in pre-departure orientation centers or other vocational education institutions can be carried out at the request of foreign employers or organizations authorized to carry out intermediary activities in the labor market of foreign states.
A set of measures has been developed and is being implemented aimed at increasing the incomes and living standards of families of labor migrants in Uzbekistan by assisting in solving social issues, improving housing conditions, providing employment and social support for members of families of labor migrants. On a systematic basis, effective monitoring and control over the processes of preliminary vocational training, adaptation measures, employment of labor migrants abroad, legal and social assistance, including after returning to their homeland, has been established.
The heads of local executive authorities were instructed to establish, on an ongoing basis, close partnerships with the heads of local authorities of foreign countries on issues of registration of permits for the implementation of labor activities and residence of labor migrants, compliance with their labor rights when hiring, creating decent housing and living conditions , using the services of healthcare and educational institutions, as well as solving other problems related to the stay of labor migrants abroad.
In general, over the past four years, the attitude towards citizens working abroad has radically changed, a dialogue has been established with labor migrants, a new system has been introduced to study and solve their problems and meet their needs. The measures taken made it possible to solve a number of problems, however, there are many shortcomings, the elimination of which requires systematic and daily work. After a critical analysis of the situation in this area in September 2020, the President of the country Sh. Mirziyoyev signed a decree "On measures to introduce a system of safe, orderly and legal labor migration" [4], in which the activities of the Ministry of Employment and Labor Relations, the Agency for External Labor Migration, local executive authorities in this area were recognized as unsatisfactory. Therefore, it is necessary to take comprehensive measures to improve the mechanisms of support for labor migrants, ensure the reintegration of persons who have returned from labor migration, and create favorable conditions for them to engage in entrepreneurial activity.
The new document contains more than 150 points covering a wide range of issues related to external labor migration. For example, the status of the heads of regional branches of the Agency for External Labor Migration has been significantly increased - they are also assistants to the head of the region (khokim) on external labor migration. The document provides for the signing of intergovernmental agreements with a number of countries, including Finland, Canada, Israel. It is planned to open special call centers in the diplomatic missions of Uzbekistan. The regional offices of the Agency for External Labor Migration received the right to conclude direct contracts with
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BBSM
foreign employers and, on these basis, send citizens abroad, cooperate with organizations of compatriots abroad, and also attract technical assistance funds and grants from international financial institutions and organizations for the development of migration.
Since 2021, a procedure for compulsory vocational training for persons traveling abroad for labor migration has been introduced, for which 13 mono-centers "Ishga Markhamat", 30 vocational training centers, 11 short-term vocational training courses and 136 vocational training points for the population in mahallas are being created. In total, in 2020-2021, it is planned to train 74 thousand citizens, for which 95 billion soums will be directed. Family members included in the "Unified Register of Social Protection" will be provided with microcredits to travel abroad to earn money. In addition, legal migrants will be equated with self-employed, payment of social tax and calculation of subsequent pension will be applied to them.
In 2020, a representative office of the passport and visa service of the Ministry of Internal Affairs of Russia was opened in Uzbekistan, and it is also planned to create branches of the Agency for External Labor Migration in Yekaterinburg, Samara, Novosibirsk, Ufa, Shymkent and Istanbul. About 10 thousand citizens who, amid a pandemic, found themselves in a difficult financial situation abroad, were allocated one-time financial assistance [4]. To provide legal assistance to migrants, a call center is launched on an online platform operating throughout Russia. Migrants who returned from abroad have the right to count on a subsidy of 2.2 million soums, payment for the first three months of renting premises and facilities from the date of registration as an individual entrepreneur, and a number of other benefits.
In general, the implementation of the decree will allow in 2020-2021 to train 70 thousand people in professions and foreign languages, to send 144 thousand citizens to temporary work in an organized manner, to provide employment for 148 thousand people who returned from labor migration, to provide targeted assistance to family members of 120 thousand migrants who worked abroad.
Conclusion
Thus, the analysis of the reforms carried out in the state policy of Uzbekistan in the field of external labor
УДК: 347.772
East European Scientific Journal #2(66), 2021 45 migration allows us to highlight the following trends in it:
• systematic training in professions and foreign languages of citizens before going to work abroad, the introduction of a system for issuing certificates to them, confirming their professional qualifications abroad;
• a system of financial and social support for labor migrants in difficult situations, insurance of their life and health, organization of cultural and educational events for them is being formed;
• a system is being created for the reintegration of labor migrants upon their return home, ensuring their employment, providing financial and organizational assistance in improving their professional qualifications and engaging in entrepreneurial activity;
• the work of diplomatic missions is intensifying to support and ensure the rights of labor migrants abroad, to create favorable conditions for them.
References
1. Resolution of the President of the Republic of Uzbekistan 05.07.2018 № PP-3839 "On additional measures to further improve the system of external labor migration of the Republic of Uzbekistan" // "Collection of legislation of the Republic of Uzbekistan", 09.07.2018, № 27, art. 552.
2. Decree of the President of the Republic of Uzbekistan 20.08.2019 № UP-5785 "On measures to further strengthen the guarantees of protection of citizens of the Republic of Uzbekistan carrying out temporary labor activity abroad, and members of their families" // National Database of Legislation, 21.08.2019, № 06/19/5785/3605; 13.12.2019, № 06/19/5893/4150; 11.01.2020, № 06/20/5903/0039
3. Decree of the Cabinet of Ministers of the Republic of Uzbekistan 23.08.2019 № 713 of "On additional measures to protect the rights and legitimate interests of citizens of the Republic of Uzbekistan carrying out temporary labor activities abroad" // National Database of Legislation, 24.08.2019, № 09/19/713/3633
4. Decree of the President of the Republic of Uzbekistan 15.09.2020 № PP-4829 "On measures to introduce a system of safe, orderly and legal labor migration" // National legislation data base, 16.09.2020 r., № 07/20/4829/1281.
Ишинов И.Ю.1
патентный поверенный, директор ООО «Эрфис»
ТравушкинаЛ. Ф.2
патентный поверенный, канд. фарм. наук 1ООО «Эрфис», Россия, Санкт-Петербург 2Magpharm lab, Алжир, Дар Эль Бейда
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