During recruitment, employers should not request information unrelated to a candidate’s professional qualifications. In particular, they are prohibited from asking about a person’s private life, whether they have children, plans for pregnancy, or responsibilities related to caring for family members.
The amendments introduce legal definitions of gender-based violence, sexual harassment, and violence in the workplace. These include actions that may cause physical, psychological, sexual, or economic harm.
Work-related harassment will not be limited to incidents occurring in an office. The rules also apply to business trips, corporate events, professional training, workplace correspondence, company-provided housing, and commuting to and from work.
Employers will be required to take measures to prevent such incidents and review complaints without undue delay. The process must remain confidential, and employees cannot be punished or subjected to retaliation for filing a complaint.
If an employee provides facts indicating possible discrimination, the employer will be responsible for proving that no violation occurred.
If a violation is confirmed, a court may order compensation for material and moral damages, require an employer to hire a candidate, or reinstate an employee who was unlawfully dismissed.
The law also stipulates that family responsibilities cannot serve as grounds for dismissal or restrictions on career advancement. Domestic work is recognized as part of family responsibilities, with men and women expected to share these duties equally.
Employers must take into account the needs of employees with children or relatives requiring care and introduce measures that allow workers to balance professional and family responsibilities.
The amendments also affect the civil service sector.
In government bodies and local authorities, the share of representatives of one sex must not exceed 70 percent, including at decision-making levels.
If candidates of different sexes receive equal results in a competition, preference will be given to a representative of the less represented sex within that government body.
Employees who have not received a promotion or professional training opportunity for three years will have the right to request a written explanation of the reasons.
Violations of equality rights resulting in significant harm may lead to corrective labor, a fine of 20,000 to 50,000 soms, or imprisonment for up to two years.
The law will come into force in 10 days.
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