A Fine of 5-10 Minimum Wages Imposed on Officials for Refusal to Hire

Refusal to hire is prohibited by law. These rules also apply to students who are working while studying.

Article 119 of the Labor Code clearly defines the cases of unlawful refusal to hire. This includes violations of requirements prohibiting discrimination in labor and employment, as well as the employer's refusal to hire individuals who have been invited for employment.

When refusing to hire, the employer is required to provide written reasons for the refusal, signed by an official. These reasons must be presented within three days upon the request of the rejected individual.

Refusal to provide written reasons does not hinder the right to file a complaint. According to Article 49 of the Code of Administrative Responsibility, an official may be fined 5-10 minimum wages for violating labor legislation.

The amount of the fine varies depending on the circumstances: for violations of labor legislation, 5-10 minimum wages (2.2–4.4 million soums), for repeated violations within a year 10-15 minimum wages (4.4–6.6 million soums), and for minors 10-20 minimum wages (4.4–8.8 million soums). If an individual who has been refused employment believes that the refusal was unlawful, they have the right to file a complaint in the prescribed manner and to seek compensation in court.

In dispute resolution, the burden of proof regarding the legality of the refusal to hire lies with the employer.