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LEGAL REGULATION OF THE SALARY OF WORKERS IN THE PUBLIC SPHERE IN THE REPUBLIC OF UZBEKISTAN
This article discusses in detail the system of legal regulation of salary in the Republic of Uzbekistan. The relevance of this topic is due to the fact that the issues of legal regulation of the labor of public sector employees, namely salaries, are one of those areas where the interests of the employee and the employer come into the most acute conflict. On the one hand, salary should meet the interests of the employee, providing him and his family with the necessary means of life, but, on the other hand, its size should allow the employer to reimburse production costs, including labor costs, and make a profit.
Keywords: salary, The Labor Code of the Republic of Uzbekistan, tariff system, law, economics, state budget
The main form of organization of salaries in the national economy is the tariff system, which retains its mandatory effect for a significant part of employees working in the public sector, in addition, in organizations of other forms of ownership and for individual entrepreneurs in almost any sector of the national economy. The tariff system got its name from the term "tariff', which refers to the initial amount of remuneration of a certain type, nature, qualification.
The Labor Code of the Republic of Uzbekistan provides for most organizations that they themselves set local standards for their employees, including, under a collective agreement, specific systems and salary rates for certain groups of employees, bonuses and additional salary. They can be supplemented and specified for each individual employee by his employment contract with the employer. The system of remuneration and incentives for work, including the increase in pay for work at night, weekends and non-working holidays, overtime work and in other cases, is established by the employer, taking into account the opinion of the trade union committee of this organization.
The terms of salary determined by the collective agreement, agreements, local regulations and the employment contract cannot be worsened in comparison with the
Ra'no Narzullaevna Abdullaeva
Independent researcher rano [email protected]
ABSTRACT
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Code and other labor legislation. There is now a growing trend to give a greater role to various tariff agreements in determining salaries. But they, like collective agreements, in accordance with the Labor Code of the Republic of Uzbekistan should not reduce the guarantees established by law. The tariff system of salaries is one of the social guarantees, its legal basis. Tariff industry agreements and local norms of the organizations themselves are of great importance. It is the tariff system that helps to preset salary rates for workers, as well as specialists and employees, since they are also subject to many elements of the tariff system (northern allowances, regional coefficients set centrally, as well as allowances and surcharges established by contract).
The tariff system is a set of legal acts adopted in a centralized (legislative or social partnership contractual) and local order, establishing the initial data for differentiated salaries for various categories of workers. The Code gives the concept of a tariff system: it is "a set of standards by which the salaries of workers of various categories are differentiated" (Labor Code of the Republic of Uzbekistan). The tariff system for remuneration of employees of budgetary organizations of all levels is established on the basis of a single tariff scale, which is a guarantee for the remuneration of these workers, and in other organizations the tariff system can be determined by collective agreements, agreements, taking into account uniform tariff-qualification directories and state guarantees for salary Labor (Labor Code of the Republic of Uzbekistan).
The constituent elements of the tariff system are: tariff rates, salaries, tariff scales, tariff coefficients.
The tariff rate is a fixed amount of remuneration of an employee for fulfilling a labor norm of a certain complexity (qualification) per unit of time without taking into account compensatory, incentive and social salary. The tariff rate is an integral part of the tariff scale.
The tariff scale is a set of tariff categories of work (professions, positions) determined depending on the complexity of the work and the qualification characteristics of workers using tariff coefficients (in relation to the first category, the coefficient of which is one).
The complexity of the work performed is determined on the basis of their billing. Under the tariffication of work is understood the assignment of types of labor to salary categories or qualification categories, depending on the complexity of the work. Accordingly, the tariff category is a value that reflects the complexity of the work and the qualifications of the employee, and the qualification category is a value that reflects the level of the employee's professional training, experience, since the higher his tariff category, the more difficult the work he can perform.
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Establishing salary ratios depending on qualifications and developing a salary scale on this basis solve only part of the general problem of salary differentiation based on this fact. It is equally important to distribute the entire variety of work performed in various industries, at various enterprises, in individual areas of production, according to the established qualification categories, taking into account the specific organizational and technical conditions for their implementation. The main tool for this in the current tariff system is the tariff-qualification guide.
Systems of additional salary and allowances of a compensatory and incentive nature are established by collective agreements, agreements, local regulations in accordance with labor legislation and other regulatory legal acts containing labor law norms.
Accordingly, allowances and surcharges can be of two types: a) centralized, established by labor legislation and other regulatory legal acts containing labor law norms, as well as agreements; b) local, established by collective agreements and local regulations. Those and others for a particular employee are part of his salary system. The purpose of incentive salary is to stimulate work in certain professions, improve the skills of an employee and simply perform their job duties with high quality. The purpose of compensation salary is to compensate for the increased intensity of labor (for combining professions, leading a team, etc.) or work in adverse conditions (for working in special climatic conditions and in territories exposed to radioactive contamination, for shift work, for work on a rotational method, etc.). Allowances and additional salary established by labor legislation in a centralized manner are obligatory for salary.
The tariff rates and salaries included in the tariff systems differ depending on the complexity of the work (qualification of employees), working conditions at the workplace (severity, harmfulness, danger), labor intensity, the significance of the type of activity (worker's profession) for employers and some other factors.
The complexity of labor (qualification of the employee) is the main factor in the differentiation of tariff rates. A skilled worker, in comparison with a low-skilled worker, ceteris paribus, creates much greater material values in the same time. In addition, a highly skilled worker is able to perform work that a low-skilled worker cannot do at all. To acquire, maintain and increase their skills and knowledge, a skilled worker requires more expenses than an unskilled worker. All this, on the one hand, dictates the need for higher pay for more skilled work compared to less skilled work, and on the other hand, it creates opportunities for higher pay.
Differentiation of workers' salaries depending on the complexity of work is also intended to provide conditions for the best satisfaction of the needs of employers in
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labor of various qualifications and to encourage workers to acquire qualifications and improve them.
In a modern market economy, the qualifications of workers act as the most important factor in the differentiation of salaries. In addition to the accumulated production experience, indicators characterizing qualifications are the level and duration of general and vocational education and training.
Differences in the production and technical conditions for performing work are also reflected through the tariff system. For those who are employed in areas of production with a higher-than-average intensity of labor, with a higher physical and mental severity of labor, harmful and dangerous working conditions for the life of the worker himself or those around him, increased pay should be established. with the aim of both compensating for the increased consumption of vital energy and attracting workers to such areas.
In public organizations, employees enter into employment relationships with employers on behalf of the state, which in turn hires them. At the disposal of employers, budgetary funds are transferred, which should ensure the fulfillment of the tasks set in accordance with the profile of the organization's activities. As a rule, the tasks of budgetary organizations do not include making a profit.
The size and timing of salary increases for employees of budgetary institutions are determined when forming the relevant budgets for the next financial year, taking into account the growth in consumer prices for goods and services, as well as based on available financial opportunities.
In the economic literature, the concept of "salaries" have the same meaning. Salary is the income that a worker receives in exchange for his work in the enterprise. Remuneration of labor - regularly received remuneration for manufactured products or services rendered, including salary for vacations, holidays and other unworked time in accordance with labor legislation and collective agreements.
At the same time, since the concept of "salary" is associated with the category of hired labor, it is more accurate from a legal point of view, since salaries are remuneration for work, depending on the qualifications of the employee, the complexity, quantity, quality and conditions of the work performed, as well as compensation salary for the work performed by the employee in accordance with the labor function defined in the employment contract. In other words, salaries are salaries, and in this they differ from state benefits, various salaries for hours not worked, and other types of income.
Remuneration in a budgetary organization is based on the following uniform principles:
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1) the principle of ensuring that the number of salaries depends on the qualifications of the employee, the quantity and quality of labor expended without limiting its maximum size;
2) the principle of systematization of salaries for the performance of work in special conditions and in conditions that deviate from normal;
3) the principle of a unified approach to the calculation of work experience;
4) the principle of using various types of incentive salary for high results, stimulating bonuses set to tariff rates, as well as bonuses for the main results of work;
5) the principle of maintaining a unified procedure for attestation and qualification of employees;
6) the principle of ensuring an increase in the level of real salary.
The relationship between employees and employers of budgetary organizations is built within the framework of the funds allocated by the management body. Budgetary restrictions leave an imprint on the organization of salaries. Almost all the conditions for its implementation are regulated by higher management bodies and budgets. The terms of tariff salary in public sector organizations: healthcare, education, higher education, science, culture and a number of other industries are determined by the Labor Code of the Republic of Uzbekistan "Pay Setting". This law states, in particular, that the use of the Unified Tariff Scale is mandatory for all institutions, organizations and enterprises that are on budget financing.
Unified tariff scale - a set of tariff categories of work (professions, positions), determined depending on the complexity of the work and the qualification characteristics of employees using tariff coefficients. The tariff category is a value that reflects the complexity of the work and the qualifications of the employee.
Conclusion. The interest in the model proposed by the government for reforming the salaries of state employees is natural: almost a fifth of the country's population works in education, healthcare, social and cultural services and other sectors of the sphere financed from the budget.
Market restructuring at the end of the XX century most painfully hurt the public sector in terms of salaries. The essence of the negative points is as follows:
- the transition to a market economy led to a decrease in real salaries in all sectors of the public sector;
- the ratio of the average salary and the subsistence minimum has significantly decreased; thus, the work of public sector employees is not adequately assessed;
- there was an unnatural socially - economically unjustified differentiation of salaries between individual groups of workers.
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Like any legal relationship, salary relations cannot be regulated. The Company establishes the legislative framework for salary relations, and also creates organizational institutions that monitor, control and guarantee the development of these relations in the interests of their subjects at various levels of interaction. Representatives of the state, employers and employees are involved in this process. The whole set of legislative and other normative acts and institutions (state and public), acting on their basis, constitutes a mechanism for regulating salaries in society, with the help of which relations in the field of salaries are regulated, both in the labor market and in the enterprise, as well as the economic essence of salaries is realized.
The salary regulation mechanism, like any mechanism for regulating legal relations, is based on a combination of various methods. Depending on the ratio of these methods, predominantly legal or administrative mechanisms may be involved in the regulation process. They change as the relationship between workers and employers develops, as well as the entire system of legal, political and social relations in society develops.
The administration of organizations that are not funded from the budgets independently selects and applies various systems of remuneration for employees. In this area of activity, the administration relies on its own specialists, whose professional capabilities are often limited in one way or another and do not meet modern requirements. Many of them do not have a sufficiently deep knowledge, both in the field of labor legislation and the organization of salaries.
As a result, as evidenced by numerous observations, firstly, there are violations of labor legislation, entailing a violation of the rights and legitimate interests of workers, their confrontation with employers. Secondly, the applied forms of organization of salaries are ineffective, they weakly stimulate workers to work to the fullest extent of their capabilities. Both of these cannot but have a negative impact on the competitiveness of organizations.
Unfortunately, in the available specialized literature, so necessary for these specialists, the issues of remuneration are considered and commented, with rare exceptions, separately - in legal and economic publications. Authors-lawyers teach readers to correctly apply the provisions of the Labor Code of the Republic of Uzbekistan and other legal acts, while authors-economists and managers describe progressive salary systems, abstracting from these acts. Therefore, many people get the impression that labor law and the organization of remuneration exist independently of each other, while the latter must be created and function in strict accordance with the Labor Code of the Republic of Uzbekistan, other legal acts regulating the remuneration of workers. This means, firstly, that the systems of remuneration of employees must be
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built in such a way that their use does not violate the rights declared by the Labor Code of the Republic of Uzbekistan, both for employees and for the employers themselves. And, secondly, that both parties to the employment contract, when creating and operating these systems, strictly observe the obligations declared by the Labor Code of the Republic of Uzbekistan in relation to each other.
REFERENCES
1. https://lex.uz/mobileact/145261 [Labor Code of the Republic of Uzbekistan]
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