CC BY
3
УДК 336
Akramov I. O.
master faculty of law Namangan State University
PRINCIPLES AND TERMS OF DISCUSSION AND SOLUTION OF
LABOR DISORDERS
Annotation: This article discusses the principles and timelines for reviewing and resolving labor disputes.
Keywords: Labor, contract, privilege, concept, law, principle, theory, order, document.
Employment contract "is traditionally applied to labor laws. However, in the early 1990s, the concept of 'contract' became widespread. Initially, the contract system of hiring employees was allegedly in conflict with the employment contract. The fact that contracts were only structured in writing was their virtue. Under the law in force at the time, an employment contract could be concluded both orally and in writing. In practice, however, most employment contracts used to be made orally. The employee would write an application for employment, provide the necessary documents, and the relevant official would issue an order. In the context of an administrative command system, it did not make sense to agree in detail on working conditions, as many of them were directly defined by law.
The conclusion of a contract in writing allows the individualization of labor relations, full consideration of the interests of the parties, the protection of their interests in practice. The disadvantage of the contract system was that it was seen as a type of fixed-term employment contract. A person hired for a certain period of time, no matter how he fulfills his labor obligations, understands that after the expiration of this period, the employment relationship with him will be terminated and his temporary psyche will be considered a temporary, random thing. mood is formed. That is why such an employee often looks for another job long before the contract expires, and works with frustration under the influence of the mood of departure. All this is taken into account in the labor laws of Uzbekistan, which puts an equal footing between the terms "employment contract" and "contract". This means that all employment contracts are concluded only in writing. It can be charged indefinitely.
That's right thus, Uzbekistan Republic Labor Article 72 of the Code according to labor contract - employee with the work transmitter in the middle certain specialization, qualification, position according to _ work internal labor order bo ' ysungan without, the parties agreement, as well as labor to ' g ' risida
laws and other normative documents with marked conditions based on fee in return do about agreement.
The employee and the employer are the parties to the employment contract. A written employment contract is concluded with both permanent employees and those who are hired for a certain period of time or for a certain period of time, as well as on a part-time basis. The terms of the employment contract to be developed by agreement of the parties are necessary (basic) and divided into additional (optional) conditions. Conditions without which a contract cannot be concluded are necessary (basic) conditions. Although not mandatory for the contract, conditions that may be specified at the discretion of the parties are additional terms.
In turn, the necessary (basic) conditions of the employment contract can be divided into: - general conditions, these conditions apply to the employee's employment for an indefinite period or under a fixed-term employment contract, employment in the main job or on a part-time basis; it must be specified in any employment contract, regardless of whether it is performed in one's own home. The terms of employment, job function, date of commencement of work, the amount of remuneration of labor are among the general necessary conditions that must be agreed upon when concluding any employment contract; In addition to the general conditions of the contract, it must be specified; - other necessary conditions, these conditions are included in the employment contract, if they are not specified in the local documents of the enterprise. In the absence of appropriate local documents in the enterprise, it is necessary to include in the employment contract the terms of the type and working hours of the working week.
Various additional conditions may be included in the employment contract. They are not mandatory, but they play an important role in regulating labor relations. About the appointment of the test at the time of employment, about the addition of professions (positions ), about the regular training, about the schedule of working hours and the order of rest, the annual basic or to increase the duration of additional leave at the expense of the employer, the terms of additional benefits for this employee may be included in the list of additional conditions.
The concept of labor law, its aspects and subjects. Labor law is a branch of law that regulates labor relations of all persons working under an employment contract with enterprises, institutions, organizations and private entrepreneurs, regardless of the form of ownership. Labor law regulates the formation, validity and termination of labor relations, determines the regime of joint labor of employees, establishes labor criteria, rules of labor protection and the procedure for consideration of labor disputes. Labor law regulates labor relations in the socio-economic organization of labor, that is, regulates the relationship between people in the process of joint labor that exists in society.
The main content of labor law is labor relations. Subjects of labor law are divided into 2: 1) The main subjects; 2) Additional subjects. According to Articles 14 and 15 of the Labor Code of the Republic of Uzbekistan, the main subjects of labor relations are the employee and the employer. Other procedures that ensure the normal operation of the output are additional subjects.
Occupational safety is an issue directly related to human labor, health and life, which, by its very nature, should be understood in a broad and narrow sense.
Labor protection in the broadest sense is a system of legal, socioeconomic, sanitary-hygienic, treatment-and-prophylactic, rehabilitation and other measures aimed at ensuring the safety of human life and health in the course of labor activity. Such a broad concept of labor protection is aimed at ensuring safe and healthy working conditions and includes all means, ie legal, economic, organizational, technical, medical and others. This measure is enshrined in the Law of the Republic of Uzbekistan "On labor protection" of May 6, 1993.
It should be noted that only a broad concept of labor protection can provide safe and healthy working conditions. If none of its components (legal, medical, economic or technical) are adequately provided, labor protection will not be provided at all. Therefore, occupational safety issues are taught in various institutions.
The narrow concept of labor protection as an institution of labor law is a set of legal norms aimed at creating safe and healthy working conditions for the life and health of the employee in the process of labor activity in production. In addition, labor protection is considered as one of the main principles of the institute of labor law, ie the principle of ensuring labor protection, as well as the subjective right of the employee to labor protection. This means that the employee has the opportunity to have safe and healthy working conditions, and the employer is required to provide it.
Comprehensive labor protection has important social, economic and legal significance.
In the legal regulation of labor protection relations, the above-mentioned Law of the Republic of Uzbekistan "On labor protection" of May 6, 1993 and the Law of August 29, 1996 "On public health" is important.
This law establishes a single procedure for the organization of labor protection, regardless of the mode of production, regardless of the form of ownership. This law is aimed at ensuring the protection of health and labor of citizens, according to Article 1 of which citizens of the Republic of Uzbekistan, foreign citizens and stateless persons have the right to labor protection.
Article 2 of this law defines the concept of labor protection in detail. Accordingly, labor protection is a social, economic, organizational, technical, sanitary-hygienic and medical treatment based on the relevant laws and other
normative acts, aimed at ensuring the safety, health and ability to work at work. system of preventive measures and tools.
This law plays an important role in ensuring healthy and safe working conditions in production. Also: implementation of labor protection rights of workers;
establishes and ensures a single procedure for the legal regulation of labor protection relations between employees and employers in enterprises of all forms of ownership;
Establishes and implements healthy and safe working conditions for employees.
It is known that the Law of the Republic of Uzbekistan "On Public Health" is also important in the field of labor protection, and its main tasks are:
citizens to health care are guaranteed by the state;
formation of a healthy lifestyle of citizens;
government agencies, enterprises. legal regulation of the activities of institutions, organizations, public associations in the field of public health. At the same time other legislative acts, decrees, resolutions, orders of the President of the Republic of Uzbekistan, relevant normative legal acts, decisions of the Ministry of Labor and Social Protection of the Republic of Uzbekistan, documents of state bodies, collective agreements, agreements are applied..
Labor protection laws are very broad in terms of their scope.
This law applies to all employees who have labor relations with enterprises, institutions, organizations with different forms of ownership and management, including individual employers, members of cooperatives, students of higher education institutions who have undergone internships, o. Pupils of secondary special educational institutions, vocational schools and general education schools, servicemen involved in work in enterprises, citizens serving alternative service, persons serving a sentence by a court verdict, correctional labor institutions during the period of employment in the enterprises or enterprises determined by the enforcement agencies, as well as in respect of other types of labor activity organized in the interests of society and the state. It should be noted that in the legal regulation of labor protection, the terms agreed on the basis of collective agreements, contracts, employment contracts are applied in accordance with the norms of centralized labor legislation.
It is known that the lowest level of rights in the field of labor protection is established by the norms of the centralized law, and the minimum rights are increased and clarified through local documents on this issue.
Public policy and management in the field of labor protection
State policy on labor protection:
the priority of the life and health of the employee over the results of production activities of enterprises;
coordination of activities in the field of labor protection with other areas of economic and social policy;
Establish a single procedure and rules in the field of labor protection for all enterprises, regardless of ownership and management;
Ensuring the creation of environmentally safe working conditions and regular monitoring of the environment in the workplace; in enterprises everywhere;
participation of the state in financing of labor protection; higher and secondary special educational institutions; Encourage the development and implementation of technical safety, technology and personnel protection;
scientific and technical achievements and best practices of our country and abroad in the field of labor protection;
employees with special clothing and footwear, personal protective equipment, diet;
pursuing a tax policy that promotes the creation of healthy and safe working conditions in enterprises;
for developing, agreeing and approving labor protection rules, defines a single system for developing, agreeing, approving new, as well as reviewing and repealing existing ones. This document consists of the following sections: the procedure for developing, agreeing and approving the rules of labor protection for ministries, departments, corporations, concerns, associations, organizations and enterprises of any form of ownership and any form of ownership and production methods, as well as labor protection applies to persons who develop and revise the rules of conduct. Rules should be developed taking into account the legislation of the Republic of Uzbekistan, standards, construction, sanitary norms and regulations, requirements of hygiene standards, ergonomic requirements and other normative documents.
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