In contrast, pursuant to Regulations on off-hour job conditions (hereinafter, Regulations), the term “off-hour job” is used when an employee undertakes a constantly paid work on the basis of labour contract in his free from a principal work time. The legal enforceability of the off-hour job in the LCRU is conceded in article 72, where it is articulated that an employee may conclude off-hour labour contracts if it is not proscribed by the legislation of the Republic of Uzbekistan.
Distinguishing features of off-time employment
The intent of the Regulations on off-hour job conditions clearly resembles the content of article 282 of the Labour Code of the Russian Federation. Gusov in his Commentaries to the Russian Labour Code reckons that off-time job distinguishes from employment on the condition of combining works, where the latter is performed within the framework of normal working time on a single labour contract. In this regard, full-time students cannot be off-time work employees. Gusov also suggests that employment during the leave on the basis of another labour contract cannot be considered as the off-time job as an employee does not execute responsibilities in accordance with the initial labour contract.
Paragraph 2 of Regulations provides that off-time employment is permitted only at one enterprise, organization, etc., that is either at organization of their basic work or at other establishment. Conversely, apart from the legislation that was enacted in Uzbekistan since 1980s, article 282 of the Labour Code of the Russian Federation (hereinafter, LCRF) explores the possibility to work on the basis of off-time employment in different enterprises, organizations, etc. Nevertheless, employees of educational institutions, pedagogical workers of preschool, out-of-school and other children's establishments, establishments of public health services and social security, establishments of culture and art, medical and pharmaceutical workers, the veterinary personnel in Uzbekistan are allowed to work at several organizations. Additionally, highly qualified experts of national economy are authorized to carry out pedagogical work during the working hours in higher educational institutions and institutions of the system of improvement of professional skill and retraining of personnel on the basis of off-time employment conditions with the consent of administration and trade-union committee and with the wage at the principal work being reserved. In that case, the duration of working time shall not exceed four hours per week.
LCRF and legislation of Uzbekistan dictate that minors cannot be employed under aforementioned conditions as the principal work entails the reduced working schedule and there is a prohibition that minors cannot be engaged in overtime work. Likewise the status of ineligibility of minors in regard to off-time employment, article 117 of LCRU stipulates that employees working at dangerous or harmful environments are prohibited to work on the basis of off-time employment.
Heads of the enterprises, organizations, etc. together with trade-union committees may impose restrictions on off-hour employment in regard to workers specializing in certain fields and occupying posts with special working conditions if additional work may influence the condition of their health or safety of manufacture.
Apparently, article 81 of the LCRU encapsulates that upon the employee’s request information regarding the period of off-hour job is to be recorded in the labour book.
Resolution “On off-hour work” (hereinafter, Resolution) also deals with duration of off-hour employment, where it is considered that according to such circumstances working time shall not exceed four hours per day or standard working time on a day-off, while the total duration of working hours per month must not exceed the half of the standard monthly period of working time. In turn, Russian legislation provides that the off-time employment shall not exceed four hours per day and sixteen hours per week. It is noteworthy that if according to the working conditions it is impossible to keep a record of the daily or weekly duration of working hours established for the aforementioned category of employees, it is admitted to introduce summary record of work time.
Resolution stipulates that in case of withdrawal from the principal work one shall inform the administration of the enterprise where he/she is employed under conditions of off-hour employment in one month period.
Other important provision of the Resolution states that occupation of two supervisory positions is outlawed. In contrast, article 276 of Labour Code of Russian Federation states that the organization head has the right to hold paid posts in other organizations only upon agreement of the organization-authorized body, property owner, or authorized agent of the owner.
- Documents to be presented for off-hour employment
It is commonplace that either a passport or other identification document or birth certificate for a person at the age of up to 16 years, military record documents for male employees, a diploma or a certificate of education, and labour book are necessary documents to be presented upon hiring. In case of off-hour employment, the latter document is replaced by the reference document from a principal work. In addition, employer has the right to request a diploma or other educational or professional training certificate or their exemplifications from the employee upon hiring under the conditions of off-time employment for the job requiring any special knowledge.
- Annual paid leaves
Annual leaves for off-time employees are granted at the same time as a leave at their principal place of work. Unlike Uzbek legislation, LCRF says that if a worker has been working on the basis of off-time employment for less than six months annual leave is given in advance.
- Labour payment for an off-hour employment
Off-time employees are paid in proportion to the hours worked. Additionally, the calculation of average earnings will not embrace wages obtained while performing the off-time work. Nonetheless, the wages for actual loading in all places of work and additional payments for work which is not considered as off-time job will be subject to inclusion while calculating the average earnings of employees of educational institutions, pedagogical workers in preschool, out-of-school and other children's establishments.
- Termination of the labour contract on the initiative of an employer
In addition to the general grounds specified in Labour Code of the Republic of Uzbekistan in regard to the ordinary workers a labour contract with an off-time employee may be terminated as a result of the employment of the person for whom this job will be the principal and also due to the restrictions imposed by working conditions.
Further findings
Korshunov et al define two kinds of off-time employment - internal (in the same organization) and external (in another organization, enterprise, etc.).
Attributes of internal off-time employment is the following:
- Working by the supervision of the same employer
- Occupying another post/position
- Work time is beyond the normal duration of working hours
- Work under the labour contract that exists in parallel with the initial labour contract.
On the other hand, the features of external off-time employment entail the following:
- Working by the supervision of another employer (other employers)
- Occupying any position, including similar to that which is performed in the basic place of work
- Work time is beyond the normal duration of working hours
- Work under the labour contract that exists in parallel with the initial labour contract.
Combining jobs and its distinct regulations
Upon Kuznetsova’s logic, the notion of combining jobs is completely different from that of part-time employment. The agreement (not the labour contract) on the subject of combining jobs may be concluded either on a fixed-time period or without the acknowledgement of an employment period. While the part-time employees should be given wages as other workers do, the workers which are combining works are paid additional surcharges. It can be concluded that the aforesaid issues of agreement and surcharges are controversial to the very nature of part-time employment.
International protection of part-time employees
Presently, the climate of international protection of part-time employees addresses the current gap in national labour legislation in the ample number of countries. International Labour Organization has proposed for ratification Part-time Work Convention #175 to its member-states, including Uzbekistan. However, only 10 out of 178 member states have ratified the foregoing instrument. The guiding philosophies are encapsulated in article 4 of the Convention, where the measures that shall be undertaken to ensure that part-time workers receive the same protection as that accorded to the full-time workers are stipulated in respect of (a) the right to organize, the right to bargain collectively and the right to act as workers' representatives, (b) occupational safety and health, (c) discrimination in employment and occupation.
Conclusion
The theme of labour law is dynamic and expanding. Although the Labour Code of the Republic of Uzbekistan contains the vast majority of the significant rules, it still lacks to contain favorable conditions for the subjects of labour relations, in particular, part-time employees.
Realistically, part-time employment is briefly covered by Uzbek legislation, while, in contrast, Labour Code of the Russian Federation provides a more detailed regulation of labour relations that may be considered as more constructive source and extensive reference.
To conclude, the author’s conviction is that the labour legislation in Uzbekistan is to be updated as it is not deemed to be undergoing as, for instance, some of the country's business-oriented laws.
Bibliography
International instruments
Part-Time Work Convention # 175, 1994, Date of coming into force: 28:02:1998
National legislation
Constitution of the Republic of Uzbekistan
Labour Code of the Republic of Uzbekistan
Labour Code of Russian Federation
Resolution of the Cabinet of Ministers of USSR, 22.09.1988, № 1111
Resolution of the Ministerial Council of the USSR, 04.12.1981, N 1145 “On the order and conditions of combining jobs”
Regulations on off-hour job conditions, 09.03.1989, № 81/604-К-3/6-84
Instruction on application of the Resolution of the Ministerial Council of the USSR from December, 4th, 1981 N 1145 “On the order and conditions of combining jobs”, 04.12.1981, N 1145
Books, publications
Гусов К., Комментарий к Трудовому кодексу Российской Федерации, ООО "Издательство Проспект", 2003 г,
Коршунов Ю.Н., Коршунова Т.Ю., Кучма М.И., Шеломов Б.А., Комментарий к Трудовому Кодексу РФ, Спарк, 2002
Сыроватская Л. А., Трудовое право, Москва, 1995
Толкунова B., Трудовое право России, Москва, 1996
Web-sites, databases
Compensation and Benefits, HR Series Database, available at , Part VII. Welfare and Fringe Benefits, Chapter 42, Benefit Plan Design and Administration, IV. Benefits for Part-Time Employees, B. General Principles
Совмещение и совместительство в трудовом законодательстве РФ, , date accessed – 01.12.2005
Labour Code of the Russian Federation of 31 December, 2001, (Federal Law No. 197-FZ of 2001), English translation is available at : , date accessed – 02.12.2005
Перевод, перемещение, Kuznetsova S., , date accessed - 02.12.2005
Web-site of International Labour Organization, , date accessed – 02.12.2005, – date accessed – 30.11, 2005
The last two periods are applied in case of summary record (summirovanniy uchyot), see Толкунова B., Трудовое право России, Москва, 1996, стр. 204; see also: Compensation and Benefits, HR Series Database, available at , Part VII. Welfare and Fringe Benefits, Chapter 42, Benefit Plan Design and Administration, IV. Benefits for Part-Time Employees, B. General Principles
Article 38 of the Constitution of the Republic of Uzbekistan
Сыроватская Л. А., Трудовое право, Москва, 1995, p. 263.
For example, an employee works four hours instead of eight. See: Коршунов Ю.Н., Коршунова Т.Ю., Кучма М.И., Шеломов Б.А., Комментарий к Трудовому Кодексу РФ, Спарк, 2002, p. 26.
According to article 229 of LCRU, employer must establish incomplete working day or incomplete working week on request of a pregnant woman, one of the parents who have a child below the age of fourteen (or an invalid child below the age of eighteen) and of a person who is nursing an disabled family member according to results of medical examination
Resolution of the Cabinet of Ministers of USSR, 22.09.1988, № 1111, p. 1, Resolution of the Ministerial Council of the USSR, 04.12.1981, N 1145 “On the order and conditions of combining jobs”
Instruction on application of the Resolution of the Ministerial Council of the USSR from December, 4th, 1981 N 1145 “On the order and conditions of combining jobs”, 04.12.1981, N 1145
It is defined that combining professions is performance by the worker (along with the basic job) additional work that is related to other profession. See Instruction on application of the Resolution of the Ministerial Council of the USSR from December, 4th, 1981 N 1145 “On the order and conditions of combining jobs”, 04.12.1981, N 1145
See Instruction on application of the Resolution of the Ministerial Council of the USSR from December, 4th, 1981 N 1145 “On the order and conditions of combining jobs”, 04.12.1981, N 1145
It is provided that expansion of service zones and increase in amount of executed works are understood as execution by the worker (along with the basic job) additional work that is related to the same profession/post he holds in the initial organization. See Instruction on application of the Resolution of the Ministerial Council of the USSR from December, 4th, 1981 N 1145 “On the order and conditions of combining jobs”, 04.12.1981, N 1145
Performance of duties of temporarily absent workers along with the basic work is the substitution of the worker who is absent due to illness, holiday, business trip and other reasons while the workplace of the absent employee in question is kept reserved. See Instruction on application of the Resolution of the Ministerial Council of the USSR from December, 4th, 1981 N 1145 “On the order and conditions of combining jobs”, 04.12.1981, N 1145
Resolution of the Ministerial Council of the USSR, 04.12.1981, N 1145 “On the order and conditions of combining jobs”, p. 2., See also Совмещение и совместительство в трудовом законодательстве РФ, , date accessed – 01.12.2005
The translation of the term is taken from the NATLEX database, see , date accessed – 30.11.2005
Regulations on off-hour job conditions, 09.03.1989, № 81/604-К-3/6-84, p. 1. For instance, literary work, including work on editing, translation and reviewing of the separate literature works, technical or medical examination with a single payment are not to be considered as off-time employment (see Index of work that is not considered as off-time employment, attachment to Regulations on off-hour job conditions, 09.03.1989, № 81/604-К-3/6-84)
К.Н.Гусов, Комментарий к Трудовому кодексу Российской Федерации, ООО "Издательство Проспект", 2003 г, commentary to the article 282
К.Н.Гусов, Комментарий к Трудовому кодексу Российской Федерации, ООО "Издательство Проспект", 2003 г, commentary to the article 282
Regulations on off-hour job conditions, 09.03.1989, № 81/604-К-3/6-84, p. 2, See also Совмещение и совместительство в трудовом законодательстве РФ, , date accessed – 01.12.2005
If it is in accordance with the federal law of the country
Employees of the establishments of culture and art are authorized to work on the basis of combing jobs within the limits of monthly norm of working hours as heads of circles. See Regulations on off-hour job conditions, 09.03.1989, № 81/604-К-3/6-84, p. 15
Young medical personnel are authorized to work on the basis of combing jobs in establishments of public health services and social security within the limits of monthly norm of working hours. See Regulations on off-hour job conditions, 09.03.1989, № 81/604-К-3/6-84, p. 16
For the list of employees, see Regulations on off-hour job conditions, 09.03.1989, № 81/604-К-3/6-84, p. 11
Regulations on off-hour job conditions, 09.03.1989, № 81/604-К-3/6-84, p. 13
Article 116 of LCRU and article 94 of LCRF
Article 268 of LCRF, article 245 of LCRU
Restrictions also extend to the persons who have not reached 18 years, and pregnant women. See Regulations on off-hour job conditions, 09.03.1989, № 81/604-К-3/6-84, p. 2(3)
Resolution of the Cabinet of Ministers of USSR, 22.09.1988, № 1111, p. 2
Regulations on off-hour job conditions, 09.03.1989, № 81/604-К-3/6-84, p. 4(2)
Resolution of the Cabinet of Ministers of USSR, 22.09.1988, № 1111, p.1(5)
In regard to the position of master (“master”) this regulation will not be extended, Resolution of the Cabinet of Ministers of USSR, 22.09.1988, № 1111, p. 1(3)
Labour Code of the Russian Federation of 31 December, 2001, (Federal Law No. 197-FZ of 2001), English translation is available at : , date accessed – 02.12.2005
As male employees are subjects to call-up and conscripts
Regulations on off-hour job conditions, 09.03.1989, № 81/604-К-3/6-84, p. 3
Regulations on off-hour job conditions, 09.03.1989, № 81/604-К-3/6-84, p. 5(2)
See Index of work that is not considered as off-time employment, attachment to Regulations on off-hour job conditions, 09.03.1989, № 81/604-К-3/6-84
Regulations on off-hour job conditions, 09.03.1989, № 81/604-К-3/6-84, p.12
Regulations on off-hour job conditions, 09.03.1989, № 81/604-К-3/6-84, p.8
Коршунов Ю.Н., Коршунова Т.Ю., Кучма М.И., Шеломов Б.А., Комментарий к Трудовому Кодексу РФ, Спарк, 2002, p. 26
Перевод, перемещение, Kuznetsova S., , date accessed - 02.12.2005
Resolution of the Ministerial Council of the USSR from December, 4th, 1981 N 1145 “On the order and conditions of combining jobs”, p. 4.
Other significant provisions in regard to combining works state:
If the conditions of combining professions, expansions of service zones and increase in volume of executed works, reduction or cancellation of surcharges are changed a worker should be given notice of for not less than one month beforehand (Instruction on application of the Resolution of the Ministerial Council of the USSR from December, 4th, 1981 N 1145 “On the order and conditions of combining jobs”, 04.12.1981, N 1145, p. 3)
It is worth noting that in case of deterioration of the production or the service that is provided, combining jobs and surcharges can be ceased from the moment of revealing this deterioration (Instruction on application of the Resolution of the Ministerial Council of the USSR from December, 4th, 1981 N 1145 “On the order and conditions of combining jobs”, 04.12.1981, N 1145, p. 3, Resolution of the Ministerial Council of the USSR from December, 4th, 1981 N 1145 “On the order and conditions of combining jobs”, p. 12)
The other provision to take into account is that the surcharges, paid to workers for combining works will be included into the average earnings in all cases of its calculation, i.e. for payments for annual leaves, calculation of pensions, etc. See Instruction on application of the Resolution of the Ministerial Council of the USSR from December, 4th, 1981 N 1145 “On the order and conditions of combining jobs”, 04.12.1981, N 1145, p. 10
Albania, Cyprus, Finland, Guyana, Italy, Luxemburg, Mauritius, Netherlands, Slovenia, Sweden have ratified the Convention, – date accessed – 30.11, 2005
, date accessed – 02.12.2005
Part-Time Work Convention # 175, 1994, Date of coming into force: 28:02:1998