Labour law of Uzbekistan: part-time workers

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Contents

Introduction………………………………………………………………………………………………3

Background………………………………………………………………………………………………3

Legislation scrutinized: part-time employees……………………………………………………………4

        Off-hour employment v combining jobs ……………………………………………………..4

        Distinguishing features of off-time employment……………………………………………..6

                

  1. Documents to be presented for off-hour employment……………………………8

  1.  Annual paid leaves………………………………………………………………9

  1. Labour payment for an off-hour employment……………………………………9

  1. Termination of the labour contract on the initiative of an employer…………….9

                Further findings…………………………………………………………………….10

        

        Combining jobs and its distinct regulations………………………………………………….10

           International protection of part-time employees……………………………………………...11

Conclusion………………………………………………………………………………………………12

Bibliography…………………………………………………………………………………………….13

Introduction

This essay hinges upon a careful examination of the extent to which part time employees are covered by the labour legislation of the Republic of Uzbekistan. In order to provide an extensive backdrop for this analysis, the essay distils the principles enunciated in the legislative acts of the Republic of Uzbekistan. Accordingly, the essay explores the comparative analysis with the labour legislation of Russian Federation and various propositions and debates displayed in the context of the protection of part-time workers.

Background

The notion of working time can be pertinently defined as a fundamental premise of the intricate system of labour relations. It is commonplace that employer by mantra of “making the profit by all means” may exercise exploitative practices that will result in abusing working time of the employee. That is to say, amongst the plethora of subject areas that are enshrined in the labour law of a country one that addresses the legal regulation of the working time is indeed considered to be of substantial prominence.

Tolkunova suggests that the standard of working time for an employee, which is construed in the labour jurisprudence, is, basically, a duration of working hours for a fixed calendar period of time that is either a day, or a week, or a month, or a year. 

Admittedly, the essence of working time is extended to the notions of standard, reduced and part-time working time. With respect to the former two concepts, the theory postulates that standard and reduced length of working hours is essentially the types of full-time working schedule, during which an employee performs the legally assigned norm of the working time. In response to such a parallel, Sirovatskaya argues that reduction of the working time is closely geared to certain circumstances. Specifically, following the view described in her book, such a position of the labour legislation vis-à-vis an employee entails several interpretations. Primarily, in some cases legal reduction of the working time prevents the healthiness, life and employee’s ability to work. Amongst other elucidations is the assertion that during such a legally reduced time the public acquires from a worker the required unit of labour.

Legislation scrutinized: part-time employees

Notably, the kernel of labour legislation in Uzbekistan, the Labour Code, succinctly alludes to the theme of part-time workers in article 119. Hence, article 119 of the Labour Code of the Republic of Uzbekistan (hereinafter, LCRU) contemplates that according to the agreement between an employer and employee upon hiring the latter, the part-time working day may be established.

First of all, the conception of part-time is distinct from the notion of reduced working time. Korshunov et al prescribe that in case of part-time employment an employee works fewer hours than it is established by the legal order or by the schedule at the given enterprise for the given category of workers. 

Secondly, it is noteworthy that in occasion of certain circumstances legislation obliges the employer to set the part-time employment, while other circumstances give only the right for.  

Undeniably, Uzbek legislation provides that part-time working force benefits from the same labour rights and freedoms as other workers do.

Off-hour employment v combining jobs

Routinely, the issue of part-time work is unequivocally envisaged in the context of combining jobs or an off-hour employment. Allowance to be hired on the basis of off-hour employment in the Republic of Uzbekistan is traced back to the late 1980s, when Cabinet of Ministers of the former USSR enacted the Resolution “On off-hour work”, while the terms of combining jobs were introduced explicitly earlier. 

As a general rule, conditions that evolve in case of combining jobs purport acceleration of the growth of labour productivity and performance of the established amount of works with a smaller number of personnel. These circumstances imply the situation when an employee either combines professions, or (/and) undertakes expansions of service zones or increase in the amount of executed works, or performs the duties of temporarily absent worker along with the basic work. Moreover, all these kinds of works are supposed to be executed at the same enterprise, establishment, organization, etc. with the consent of the worker within the legally established (standard/normal) duration of the working day if it is economically expediently and does not lead to deterioration of the production or the quality of service provided. 

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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 ...

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