Work Permit for a Foreigner in Uzbekistan

The development of investment activity, the increasing number of enterprises with foreign capital, the implementation of international projects, and the integration of the Republic of Uzbekistan into the global economy create a need to attract foreign specialists. Foreign nationals may possess professional experience, specialized technical knowledge, managerial competencies, and qualifications that are required for the implementation of certain investment and industrial projects.

At the same time, the employment of foreign workers involves several areas of legal regulation. When employing a foreign national, it is necessary to take into account labor legislation, employment and migration legislation, as well as specific permit-related requirements.

As a general rule, a foreign national who arrives in the Republic of Uzbekistan for the purpose of employment may work only if he or she holds a confirmation granting the right to engage in employment activities in the territory of the Republic of Uzbekistan (hereinafter referred to as a “work permit”), unless legislation provides for an exemption from this requirement.

Applicable legislation expressly defines this document as an authorization document required for carrying out employment activities in the territory of the Republic of Uzbekistan. One of the fundamental principles of the legislation of the Republic of Uzbekistan is that labor legislation also applies to relations involving foreign nationals.

Pursuant to Part Five of Article 11 of the Labor Code, the labor legislation of the Republic of Uzbekistan applies to employment relations involving foreign nationals, stateless persons, organizations established or founded by such persons or with their participation, international organizations, and foreign legal entities, unless otherwise provided by legislation or an international treaty of the Republic of Uzbekistan.

Categories of Foreign Workers under the Labor Code

Article 521 of the Labor Code distinguishes the legal status of foreign nationals depending on the nature of their stay in the Republic of Uzbekistan. Foreign nationals and stateless persons permanently residing in the territory of the Republic of Uzbekistan and holding a residence permit are subject to the general provisions of labor legislation.

With respect to foreign nationals who have lawfully entered the territory of the Republic of Uzbekistan specifically for the purpose of employment and who do not hold a residence permit, labor legislation applies subject to the special rules of Chapter 30 of the Labor Code.

This provision is of fundamental practical importance. In effect, the legislation distinguishes two main categories:

• the first category — foreign nationals permanently residing in Uzbekistan and holding a residence permit;
• the second category — foreign nationals who have arrived in Uzbekistan specifically for the purpose of employment.

The second category is subject to a special permit regime.

Work Permit as a Legal Prerequisite for Employment Relations

As a general rule, a foreign national who has lawfully entered the Republic of Uzbekistan for the purpose of employment may work only if he or she holds a work permit, unless an exception is provided by legislation. Accordingly, an employer may enter into an employment agreement with such a foreign national provided that the required permit has been obtained.

Thus, a work permit is neither the employment agreement itself nor a substitute for it. Rather, it constitutes a preliminary administrative and legal basis for the commencement of employment relations in cases where obtaining such a permit is mandatory.

Draft Employment Agreement and Final Employment Agreement

The relationship between the requirements of the Labor Code and the procedure for obtaining a work permit is of particular interest. On the one hand, Article 30 of the Labor Code establishes that employment relations arise on the basis of an agreement entered into after obtaining the permit.

On the other hand, in order to obtain the permit itself, the applicant must submit a draft employment agreement confirming a preliminary arrangement between the employer and the foreign national regarding his or her engagement and terms of employment. The draft must specify, among other things, the amount of salary or remuneration.

Accordingly, the legislation distinguishes between:

• a draft employment agreement — a document used at the stage of obtaining a work permit; and
• an employment agreement — the final agreement giving rise to individual employment relations after the necessary permit requirements have been satisfied.

Documents Required to Obtain a Work Permit

In order to obtain a work permit, an application and the package of documents prescribed by regulatory acts must be submitted. The package includes:

1. an electronic copy of the foreign national’s passport;
2. a draft employment agreement;
3. an electronic photograph of the foreign national measuring 3 × 4 cm;
4. documents confirming his or her qualifications (diploma, etc.);
5. the foreign national’s PINFL number;
6. for nationals of countries subject to a visa regime — a copy of the relevant entry visa;
7. in certain special cases — additional documents confirming that the foreign national belongs to the relevant category of foreign specialist.

Visa Requirements

For nationals of countries subject to a visa regime, a copy of one of the following entry visas must be submitted as part of the permit procedure:

• Employment visa, category “E”;
• “A-2” visa for the relevant teachers;
• “B-1” and “B-2” work visas;
• “S-3” service visa;
• other visas prescribed for the relevant category.

Thus, the employment status of a foreign national must be considered in conjunction with his or her migration status.

Verification of the Foreign National’s Qualifications

Confirmation of the foreign national’s professional qualifications is a mandatory element of the procedure. Qualification documents are expressly included in the list of documents to be submitted for obtaining a work permit. This requirement enables the competent state authority to assess whether the foreign candidate is suitably qualified for the position for which he or she is being engaged.

In addition, the legislation distinguishes between:

• highly qualified specialists;
• qualified specialists;
• other foreign workers;
• certain special categories of specialists.

This classification directly affects the amount of applicable fees, the validity period of the permit document, and certain benefits or exemptions.

Assessment of the Expediency of Engaging a Foreign Worker

One of the most significant elements of the current mechanism is the assessment of whether it is necessary to engage a foreign national for the relevant vacancy. Territorial employment authorities coordinate the assessment of the expediency of engaging a foreign national, taking into account the availability of local workers for the vacancy declared by the employer. Five business days are allocated for this procedure.

In addition, the competent authority may request additional opinions from other state authorities regarding the expediency of issuing the permit document. Up to ten business days may be allocated for obtaining such opinions.

An important practical conclusion follows from this mechanism: prior to submitting the application, the employer is not required to independently obtain a separate opinion or preliminary authorization confirming the expediency of engaging a foreign national. The availability of local workers is assessed by the state authorities directly within the framework of reviewing the application. Accordingly, the employer must substantiate the vacancy itself and provide accurate information regarding the position, while the administrative assessment of the labor market is carried out by the state.

Application Processing Period

The general application processing period is 15 business days. The employer should take this period into account when planning the actual commencement date of the foreign employee’s work. In practical terms, this means that the procedure should be initiated in advance, since, in cases provided for by legislation, the conclusion of an employment agreement and the actual admission of the foreign national to work are linked to the prior receipt of a work permit.

Application Review Fee

As a general rule, a fee in the amount of one Base Calculation Unit (“BCU”) is payable for reviewing the application, which is approximately USD 37. Exceptions are provided for certain categories of specialists specified by legislation. This payment should be distinguished from the separate fee charged for the issuance of the work permit itself.

Fee for Issuance of a Work Permit

The amount of the fee depends on the category of the foreign worker:

• highly qualified specialists — 1 BCU (USD 37);
• teachers and specialists engaged by state and non-state educational institutions — 1 BCU (USD 37);
• qualified specialists — 2 BCU (USD 74);
• compatriots — 2 BCU (USD 74);
• certain narrowly specialized professionals engaged for new projects — 1 BCU (USD 37);
• certain foreign physicians — 5 BCU (USD 185);
• foreign workers employed in specified professions in the jewelry industry — 5 BCU (USD 185);
• other foreign nationals — 30 BCU (USD 1,100).

Certain categories of specialists recruited from prestigious international brands are exempt from the corresponding fee. Thus, the financial model of the permit procedure is based on differentiating foreign workers according to their level of qualification and economic demand.

Term of the Employment Agreement

Article 524 of the Labor Code establishes a direct relationship between the validity period of the work permit and the term of the employment agreement. Where obtaining a permit is mandatory, the term of the employment agreement with a foreign national may not exceed the validity period of the permit.

For example, if the permit is issued for one year, the parties’ conclusion of an employment agreement for a longer period does not entitle the foreign national to continue working after the permit expires without properly renewing or otherwise regularizing his or her permit status.

Accordingly, the employer must ensure consistency between:

• the term of the employment agreement;
• the validity period of the work permit;
• the foreign national’s migration documents.

Validity Period of a Work Permit

The duration of a work permit depends on the category of the foreign national. For highly qualified and qualified specialists, as well as certain categories of teachers and specialists, the permit is issued for the term of the employment agreement, but for no more than three years. For certain narrowly specialized professionals engaged in new projects, the maximum validity period is also three years.

For other foreign nationals, the permit is issued for the term of the employment agreement, but for no more than one year. Thus, the legislation provides qualified foreign professionals with a more stable long-term employment regime.

Secondary Employment of a Foreign National

Article 523 of the Labor Code establishes a special rule regarding secondary employment. As a general rule, a separate work permit is required for a foreign national to undertake secondary employment. This means that a permit issued for employment with one employer does not always entitle the foreign national to enter into an additional employment agreement with another employer. However, an exception applies to highly qualified and qualified specialists.

Article 526 of the Labor Code permits them to engage in secondary employment without obtaining a separate work permit. This rule constitutes one of the special privileges granted to highly qualified foreign specialists.

Termination of an Employment Agreement Due to Expiry or Cancellation of a Work Permit

Article 525 of the Labor Code establishes special grounds for terminating an employment agreement with a foreign worker. In addition to the general grounds provided by the Code, an employment agreement with a foreign national is terminated in the event of:

• expiry of the work permit;
• cancellation of the work permit.

Upon expiry of the permit, the employment agreement is terminated on the date on which the permit expires. Accordingly, the foreign national’s permit status has a direct impact on the duration of the employment relationship.

Employers are advised to maintain a separate internal record of the validity periods of:

• work permits;
• visas;
• registration documents;
• employment agreements of foreign workers.

Employer’s Obligations After Obtaining a Work Permit

The employer’s obligations continue after completion of the permit procedure. If any information previously submitted to the competent authority changes, the changes must be reported within one week. The employer is also required to notify the competent authority within one week in the event of:

• dismissal of the foreign national;
• liquidation of the organization.

Furthermore, upon expiry of the work permit, the employer must ensure the proper termination of employment relations or, prior to expiry, timely address the issue of the foreign worker’s continued permit status.

Highly Qualified and Qualified Specialists

Highly qualified and qualified foreign specialists occupy a special position within the labor migration system. Article 526 of the Labor Code permits a special procedure to be established for such specialists in relation to:

• recruitment;
• conclusion of an employment agreement;
• termination of an employment agreement.

Such specialists benefit from a longer permit regime and special opportunities for secondary employment. The incentive-oriented nature of these provisions reflects the state’s intention to facilitate the recruitment of workers possessing scarce or highly demanded professional qualifications.

Change of Employer by a Qualified Specialist

In the event of early termination of an employment agreement, a highly qualified or qualified specialist is entitled to search for a new employer for a period of 30 business days. During this period, the validity of the previously issued:

• work permit;
• visa;
• residence permit

is preserved.

This safeguard is of considerable practical importance because it prevents a foreign specialist from automatically losing his or her lawful status immediately following termination of employment with the first employer.

Foreign Investors

A separate exception applies to major foreign investors. A foreign national who has invested in Uzbekistan, by acquiring shares or participatory interests in a business entity or by establishing a foreign enterprise, an amount of at least 8,500 BCUs (approximately USD 315,000), is entitled to work in any position in the relevant organization without undergoing the work permit procedure.

Accordingly, the mere status of a foreign participant or shareholder of an organization does not always automatically exempt that person from the requirement to obtain a work permit. Application of this exception is conditional upon compliance with the prescribed investment threshold.

Foreign Nationals Who Do Not Require a Work Permit

The legislation provides for a number of exceptions from the general work permit regime. The following categories of persons are not required to obtain a work permit:

• certain categories of foreign specialists specified by special decisions of the President of the Republic of Uzbekistan;
• employees of accredited diplomatic missions and international organizations;
• certain specialists in the tourism industry engaged for a period of up to three months;
• founders and first executives of foreign and joint ventures, as specified by legislation, within the applicable special period;
• certain professionals in the fields of science and culture;
• foreign students in cases of practical training provided for by legislation;
• accredited representatives of foreign mass media;
• employees of certain accredited non-profit organizations;
• certain teachers and specialists of educational institutions;
• foreign nationals holding a residence permit in the Republic of Uzbekistan;
• foreign specialists employed by residents of the Technological Park of Software Products and Information Technologies;
• holders of a “Vatandosh” card;
• persons whose employment is governed by a different procedure under an international treaty of the Republic of Uzbekistan.

Therefore, before initiating the work permit procedure, the employer should first determine whether the permit regime applies at all to the particular foreign national.

Remote Work by a Foreign National from Outside Uzbekistan

The modern form of cross-border remote employment deserves particular attention. The legislation expressly provides that a work permit is not required for an employee who performs employment duties remotely while located outside the Republic of Uzbekistan.