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THE CONCEPT AND SIGNIFICANCE OF INDIVIDUAL LABOR DISPUTES IN THE
REPUBLIC OF UZBEKISTAN Hamrokulov B.M. (Republic of Uzbekistan)
Hamrokulov Bahodir Mamasharifovich - Doctor of Law, Lecturer, DEPARTMENT OF LABOR LA W, TASHKENT STATE LA W UNIVERSITY, TASHKENT, REPUBLIC OF UZBEKISTAN
Abstract: the article examines the procedure for dealing with individual labor disputes in the Republic of Uzbekistan. Based on the results of the study, recommendations were made to improve the existing regulations related to individual labor disputes.
Keywords: dispute, labor dispute, individual labor dispute, court, employee, employer, representative body.
ПОНЯТИЕ И ЗНАЧЕНИЕ ИНДИВИДУАЛЬНЫХ ТРУДОВЫХ СПОРОВ В
РЕСПУБЛИКЕ УЗБЕКИСТАН Хамрокулов Б.М. (Республика Узбекистан)
Хамрокулов Баходир Мамашарифович - доктор юридических наук, преподаватель,
кафедра трудового права, Ташкентский государственный юридический университет, г. Ташкент, Республика Узбекистан
Аннотация: в статье исследуется порядок рассмотрения индивидуальных трудовых споров в Республике Узбекистан. По результатам исследования даны рекомендации по совершенствованию действующих нормативных актов, касающихся индивидуальных трудовых споров.
Ключевые слова: спор, трудовой спор, индивидуальный трудовой спор, суд, работник, работодатель, представительный орган.
The issue of the relevance of individual labor disputes is a separate topic of study. The reason is that it is impossible to appeal to the competent authority without resolving the dispute.
In determining the jurisdiction of each individual labor dispute, it is necessary to first determine what the dispute is, then determine its nature, and then determine what legal relationship the field of labor law arises from.
Jurisdiction of labor disputes and referral to the competent authority are two interrelated concepts, but not identical in nature and content.
The responsibilities of the competent authority are determined by the tasks and functions in the field of labor disputes. These include the power to accept disputes for consideration, to consider disputes in accordance with the procedural order, and to make decisions on disputes. In order to hear a case, the receiving competent authority must first determine whether the case is within its jurisdiction.
Jurisdiction refers to the jurisdiction to consider and resolve individual labor disputes. Depending on the court, all individual labor disputes can be conditionally divided into the following groups:
a) considered in the general order, providing for two stages:
- pre-trial stage (preliminary consideration of the dispute in the commission on labor disputes);
- Judicial stage (transfer of the dispute to court for consideration by the interested party in connection with the appeal of the decision of the commission on labor disputes);
b) considered directly in court (using the norms of labor and civil procedure legislation);
c) for certain categories of employees, considered in a special order provided by the Labor Code of the Republic of Uzbekistan and other laws.
In general, the Labor Disputes Commission only deals with disputes arising from individual employment relationships. These can be, for example, disputes related to the application of the terms of employment specified in the employment contract.
Article 263 of the Labor Code of the Republic of Uzbekistan [1] defines the powers of the commission on labor disputes. In accordance with Part 1 of Article 263 of the Labor Code of the Republic of Uzbekistan, a labor dispute is considered by the labor dispute commission if the employee has not resolved the dispute independently or in direct participation with the employer in the presence of a trade union committee or other employee representative body. In the consideration of individual labor disputes, this commission is the pre-trial dispute resolution body. The Labor Disputes Commission may consider the following individual labor disputes:
1) on invalidation of the conditions constituting the content of the employment contract;
2) related to working hours and rest time;
3) remuneration of labor, overtime pay, merging of professions (positions), expansion of services or increase in the volume of work performed;
4) on the introduction of monthly and annual bonuses for certain categories of employees;
5) on the legality of the application of disciplinary measures by the employer;
6) disputes over the right to basic and additional leave and their payment, determination of working hours and rest and part-time work, payment for overtime and night work and other working hours;
7) disputes related to persons illegally fired (suspended) in the event of suspension of payment;
8) on the financial responsibility of the employer for the delay in payment of wages;
9) other individual labor disputes, if they are not within the direct jurisdiction of the court by labor legislation and labor law, social partnership agreement, collective bargaining agreement, employment contract and the Labor Code of the Republic of Uzbekistan.
The Labor Code of the Republic of Uzbekistan does not consider the Labor Disputes Commission as the main body for resolving employee disputes. The Code does not exclude the possibility that an employee may file any dispute directly with the court, bypassing the Labor Disputes Commission. According to Article 269 of the Labor Code of the Republic of Uzbekistan, individual labor disputes are considered in court on the basis of an application of an employee, employer or trade union. If the parties do not agree with the decision of the Labor Disputes Commission, the employee may appeal directly to the court. The Labor Disputes Commission is not a body that deals with compulsory initial labor disputes.
The Constitution of the Republic of Uzbekistan guarantees everyone the right to judicial protection. According to Article 269 of the Labor Code of the Republic of Uzbekistan, labor disputes are considered directly in district (city) courts in the following cases:
1) if the commission of labor disputes has not been formed at the place of work of the employee;
2) regardless of the grounds for termination of the employment contract, on the resumption of employment, on the change of the definition of the time and grounds for termination of the employment contract, on the payment of time for performing compulsory progul or low-paid work;
3) they are about compensation for damage caused by the employee to the employer;
4) that they are about to be reimbursed by the employer for damage (including moral damage) or damage to the employee's property as a result of injury to the employee's health while performing their duties;
5) they have been denied employment in the cases provided for in the second part of Article 78 of the Labor Code;
6) they arise on issues that have been agreed in advance with the employer and the trade union committee or other representative body of employees.
Except for the labor disputes listed in the first part of Article 269 of the Labor Code of the Republic of Uzbekistan, the employee has the right to appeal directly to the district (city) courts on any dispute.
Labor disputes over compensation for pecuniary damage caused to officials by officials shall be considered by economic courts in cases where damage caused by an official during the consideration of an economic dispute is determined.
Labor disputes concerning the establishment of new working conditions for an employee or a change in existing conditions shall be resolved by the employer and the relevant trade union body or other employee representative body.
Labor disputes concerning the application of the provisions of labor laws and other regulations, as well as the application of the obligations of the employment contract to establish new working conditions or change existing conditions are considered by the labor disputes commission or court at the employee's discretion (Article 280 of the Labor Code).
According to Article 107 of the Constitution of the Republic of Uzbekistan [2] and the Law of the Republic of Uzbekistan "On Courts" [3], as a rule, civil cases are first heard in district (city) civil courts.
Inter-district civil courts have jurisdiction over all civil cases within the jurisdiction of the courts, except for cases within the jurisdiction of the Supreme Court of the Republic of Uzbekistan, regional (city) courts.
According to Article 30 of the Code of Civil Procedure of the Republic of Uzbekistan [4], the Supreme Court of the Republic of Uzbekistan considers cases within its competence, as well as taking any case from any court of the Republic of Uzbekistan. has the right to transfer from one court to another.
According to Article 29 of the Code of Civil Procedure of the Republic of Uzbekistan, the courts of the Republic of Karakalpakstan, regional and Tashkent city courts hear cases on adoption of a foreign citizen or stateless person, as well as other cases within its competence.
Judicial jurisdiction of labor disputes is divided into the following types:
1) general;
2) alternative;
3) absolute;
4) interconnectedness of cases;
5) agreed.
General affiliation allows the plaintiff to apply to the court only at the location of the defendant. Pursuant to Article 33 of the Code of Civil Procedure, as a general rule, a claim is instituted at the place of permanent residence or
permanent employment of the defendant. Applications to organizations are submitted to the court at the place of state registration.
Alternative jurisdiction involves the plaintiff's right to choose the court that is most convenient for him, from two, and in some cases three, courts. The plaintiff does not have the right to appeal simultaneously to two courts located at the location of the organization and at the place of residence of the citizen.
According to Article 34 of the Code of Civil Procedure of the Republic of Uzbekistan, restoration of labor, pension and housing rights, return of property or its value, unlawful sentencing, unlawful criminal prosecution, unlawful detention or arrest as a precautionary measure Claims for damages caused as a result of the imposition of an illegal administrative penalty in the form of may also be submitted to the court of the plaintiff's place of residence.
Article 35 of the Code of Civil Procedure of the Republic of Uzbekistan provides for special cases of jurisdiction, one of which is a claim for the right to a building, deregistration of property, determination of the procedure for land use.
According to Article 27 of the Code of Civil Procedure of the Republic of Uzbekistan, when several claims are interrelated, some of which apply to the civil court and some to the economic court, all claims must be considered in the civil court.
When several claims are interrelated, some of which apply to the civil court and some to the administrative court, all claims must be heard in the civil court.
The counterclaim shall be filed at the place where the original claim is being considered. A civil suit arising from a criminal case shall be submitted for consideration in civil proceedings in accordance with the rules of jurisdiction established by the Code of Civil Procedure, if it has not been instituted or resolved during the criminal case.
The parties may, by mutual agreement, change the jurisdiction of the territorial court for a particular case (Article 36 of the Code of Civil Procedure of the Republic of Uzbekistan).
The jurisdiction established by Article 35 of the Code of Civil Procedure of the Republic of Uzbekistan may not be changed by agreement of the parties.
Violation of the rules of belonging has negative legal consequences. Pursuant to Article 124 of the Code of Civil Procedure, a judge shall dismiss a case on the case if it does not fall within the jurisdiction of that court. In this case, the court decision must specify which court the interested person should apply to. The absence of the right to initiate a claim has legal consequences, such as termination of the proceedings on the case, if it is initiated in violation of the established rules.
References / Список литературы
1. Labor Code of the Republic of Uzbekistan. [Electronic Resource]. URL: https://lex.uz/docs/145261/ (date of access: 09.03.2022).
2. Constitution of the Republic of Uzbekistan. [Electronic Resource]. URL: https://lex.uz/docs/35869/ (date of access: 09.03.2022).
3. Law of the Republic of Uzbekistan "On Courts". [Electronic Resource]. URL: https://lex.uz/docs/5534928/ (date of access: 09.03.2022).
4. Code of Civil Procedure of the Republic of Uzbekistan. [Electronic Resource]. URL: https://lex.uz/docs/3517334/ (date of access: 09.03.2022).
