In Focus: Navigating Employment Law with Javokhir Urinov
The pdf version of the interview is available below:
1. Javokhir, could you please share how you entered the field of employment law and what inspires you in this area?
I first got involved in employment law when I started working on projects where many of our clients had questions about hiring, dismissals, and structuring their internal policies in line with Uzbek labor laws. Over time, I found that this area of law is not only dynamic and practical but also very close to people’s daily lives - it deals directly with fairness, rights, and responsibilities at work.
What inspires me most is the balance employment law tries to achieve between protecting workers and giving businesses the flexibility to operate. I enjoy helping clients navigate the legal complexities, ensuring that their policies align with both legal requirements and their business goals.
2. What significant changes in employment legislation in recent years do you consider most impactful for businesses?
One of the most impactful changes in recent years has been the adoption of the new Labor Code in Uzbekistan, which came into force in April 2023. It introduced more flexible forms of employment such as remote and part-time work, simplified the procedures for hiring and termination, and strengthened employee protections - including improved severance pay and the digitalization of HR processes.
These reforms have made employment relations more transparent and aligned with international standards. From a legal advisory standpoint, they’ve also created a clearer framework for businesses, especially foreign companies operating in Uzbekistan, to structure their internal policies in compliance with local regulations.
3. In your opinion, what is the primary role of employment law in establishing effective and harmonious workplace relationships?
In my view, the primary role of employment law is to create a fair and balanced framework that governs the relationship between employers and employees. It sets out clear rights and obligations on both sides, helping to prevent misunderstandings, reduce conflicts, and ensure that workplace practices are both lawful and respectful.
At its core, employment law promotes mutual trust by providing mechanisms for accountability, transparency, and protection - especially in areas like hiring, working conditions, compensation, and termination. When applied effectively, it contributes to a more stable and harmonious work environment, which ultimately benefits both employees and the long-term success of the business.
4. What are the main employment disputes you encounter, and how do you typically approach their resolution?
The most common employment disputes I encounter usually relate to dismissals. Sometimes we also see disputes arising from employee misconduct cases.
My approach is to start by carefully reviewing the legal and factual background - especially the employment contract, internal regulations, and any relevant correspondence or documentation. I always aim to resolve matters amicably and efficiently, advising clients on how to stay within the legal framework while minimizing reputational and financial risks. In many cases, a well-drafted settlement agreement can help avoid escalation, but when necessary, we’re prepared to support the client through formal proceedings.
5. Which key aspects of employment contracts do you believe are often overlooked during their drafting?
In my experience, one of the key aspects often overlooked during the drafting of employment contracts is the justification for the contract term, particularly for fixed-term agreements. It is important to clearly state the reason for the fixed term - whether it is for project-based work, temporary replacement, or other specific circumstances - to avoid potential challenges regarding the contract’s validity.
Additionally, while the law typically outlines grounds for dismissal, gross violations of labor duties should ideally be defined in the company’s internal policies rather than in the employment contract itself. This is often overlooked, but it is crucial for employers to specify what constitutes serious misconduct - such as theft, violence, or repeated violations of workplace rules - within the internal policies. This approach allows for greater flexibility and provides a clear framework for handling disciplinary actions.
Finally, it is essential to ensure that job responsibilities are clearly defined in the contract. Vague descriptions can lead to confusion and disputes later, particularly when it comes to performance evaluations or addressing misconduct.
6. How does preventive legal assistance play a role in your work to avoid employment disputes?
Preventive legal assistance is key to avoiding employment disputes. I help clients by reviewing employment contracts, internal policies, and workplace practices to identify potential risks and ensure compliance with labor laws. This includes clarifying job responsibilities, termination clauses, and outlining workplace conduct rules. By addressing issues early, I help clients prevent misunderstandings and create a fair work environment, reducing the risk of costly disputes.
7. What common mistakes do employers make in the field of employment law, and how can they be avoided?
Common mistakes employers make in employment law include failing to clearly define job responsibilities and termination clauses, not updating contracts to reflect changing laws, and overlooking the importance of having well-defined internal policies, especially regarding disciplinary actions. Additionally, employers often neglect to properly document performance issues or violations, which can lead to complications during disputes.
To avoid these mistakes, employers should regularly review and update employment contracts, ensure internal policies are clear and comprehensive, and maintain thorough documentation of employee performance and any issues that arise. Proactive legal guidance and training for HR staff can also help ensure compliance and minimize risks.
8. What changes in employment law do you anticipate in the near future, and how might they affect businesses?
In the near future, businesses in Uzbekistan are likely to experience several significant changes in employment law. One key development is the expected shift towards the electronic conclusion of employment contracts through the Unified National Labor System. This change will streamline the hiring process and enhance transparency, allowing businesses to manage contracts more efficiently and digitally.
Additionally, recent amendments to the Labor Code introduced stronger protections for employees, such as a ban on dismissing pregnant women or those with children, further reinforcing job security. There will also be changes regarding the request for documents during the hiring process. Employers will now need to obtain documents through interdepartmental integration platforms rather than directly from employees, simplifying and modernizing the recruitment procedure.
9. Which aspects of employment relationships do you find most complex and requiring thorough legal analysis?
In employment relationships, several aspects require thorough legal analysis due to their complexity. One of the most challenging areas is the termination of employment. This includes understanding the legal grounds for dismissal, particularly when dealing with issues like performance, misconduct, or redundancy, and ensuring that the termination process complies with labor laws to avoid legal disputes.
10. What advice would you offer to lawyers working in employment law to effectively address emerging issues?
For lawyers working in employment law, my advice would be to stay informed and adaptable, as this area of law is constantly evolving. It is important to keep up with changes in legislation, such as updates to labor laws, employee protections, and workplace regulations. Regularly reviewing new laws, court decisions, and government guidelines will help ensure compliance and allow you to anticipate issues before they arise.
Javokhir Urinov, Associate, Head of the Employment Committee