In Uzbekistan, labor legislation establishes special guarantees for employees with children under the age of two. These benefits are primarily aimed at protecting the labor rights of parents caring for young children, creating more favorable working conditions for them, and maintaining income stability.
In accordance with Article 395 of the Labor Code of the Republic of Uzbekistan, an employee with a child under two years old has the right to be transferred to lighter or more suitable work if they are unable to fully perform their current duties. This right applies not only to mothers but also to fathers or persons acting as guardians of the child.
Such a transfer is carried out based on the employee's application. This means the employer cannot arbitrarily transfer the employee to another position but must offer suitable work based on the employee's request and situation. This is particularly important when, due to childcare, it is difficult to perform heavy, time-consuming, or physically demanding tasks.
One of the most important guarantees is the preservation of income. If an employee is transferred to another position, their salary in the new job must not be lower than their average salary at the previous workplace. This benefit applies until the child reaches the age of two. Thus, an employee should not suffer financially for changing working conditions due to childcare.
If the employer does not have a suitable vacancy for the employee, childcare benefits are paid in accordance with the procedure established by law. This situation is also aimed at protecting the employee, as the lack of an alternative position for the employer should not lead to the employee being left without income.
Another important aspect is that in the event of a labor dispute, the burden of proving that it was impossible to transfer the employee to another job lies with the employer. That is, it is not the employee, but the employer who must justify the situation that “I did not have a suitable job vacancy.” This rule is of great importance in protecting the interests of the employee.
What does this mean in practice? If an employee with a child under two years old finds it difficult to perform their duties and submits an application, the employer must seriously consider their request, offer a suitable job if available, and ensure that the salary does not decrease. An approach of “handle it yourself” is not in line with the law.
In short, employees with children under two years old have important guarantees in labor relations. The law aims to ensure they are not left alone between work and family responsibilities. Being aware of these benefits is important for every parent: if you know your rights, it is easier to protect them.
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