RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF UZBEKISTAN

of November 20, 2023 No. 26

About practice of application by courts of the legislation regulating the termination of the employment contract

Due to the adoption on October 28, 2022 of the Labor code of the Republic of Uzbekistan, for the purpose of ensuring the correct and uniform application of the labor law and explanation of the questions arising at courts in the course of consideration of employment disputes, being guided by article 22 of the Law of the Republic of Uzbekistan "About courts", the Plenum of the Supreme Court decides:

1. Draw the attention of courts that the Labor code of the Republic of Uzbekistan (further shopping mall) governs individual employment relationships and directly related public relations on the basis of ensuring balance and approval of interests of workers, employers and the state.

2. The basic principles of legal regulation of individual employment relationships and directly related public relations, equality of labor rights, prohibition of employment discrimination and occupations, freedom of work and prohibition of forced labor, social partnership in the field of work, security of providing labor rights and execution of labor obligations, inadmissibility of deterioration in legal status of the worker are.

3. According to Article of 11 shopping malls action of the labor law extends to individual employment relationships between the worker and the employer, the public relations which are directly connected with individual employment relationships.

On government employees of the Republic of Uzbekistan, including, and also on persons passing alternative service, action of the labor law extends to the workers directed to work in public institutions of the Republic of Uzbekistan abroad (diplomatic, consular and other establishments) with the features provided by special laws.

On the military personnel passing military service under the contract, and also the military personnel (employees) serving in law-enforcement bodies and the State Customs Service, Service of state security, National guard of the Republic of Uzbekistan and on others, equated to them persons, the labor law extends in the part which is not contradicting the special legislation.

The labor law extends to judges regarding the relations, not settled by the legislation on courts.

On prosecution agencies worker the labor law extends in the part which is not contradicting the legislation regulating activities of bodies of prosecutor's office.

Action of the labor law extends to employment relationships of rescuers of rescue services and professional rescue forming from among working according to the employment contract in the part which is not settled by the Law of the Republic of Uzbekistan "About rescue service and the status of the rescuer".

4. Courts should differentiate individual employment relationships and the relations of civil nature.

In case of the conclusion of the civil agreement the citizen does not enter employment relationships with the organization, its parties are not the worker and the employer, but the contractor and the customer, and also the guarantees fixed by shopping mall are not provided in agreements of civil nature in this connection the relations of the parties are governed by the Civil code of the Republic of Uzbekistan (further by group of companies).

Explain to courts that the conclusion with physical person of the agreement of the civil nature which is actually governing the relations provided by part two of Article of 11 shopping malls involves recognition of these relations by court individual employment relationships. In this case the employment contract is considered the prisoner from the date of the conclusion of the civil agreement, and the relations of the parties are recognized individual employment relationships from the date of the beginning of accomplishment by physical person of the work provided by the agreement.

In case of the termination of the relations connected with use of personal labor and which arose based on the civil agreement recognition of these relations individual employment relationships is performed by court. The physical person who is the contractor under the specified agreement for recognition of these relations the individual employment relationships having the right to take a legal action according to the procedure and the terms provided for consideration of individual employment disputes (Article of 33 shopping malls).

In case of permission of such disputes courts need to pay attention to availability in the text of the civil agreement and in the course of its execution of the compulsory provisions of the employment contract provided by shopping mall such as, place of employment, position according to the staff list, work on certain profession, specialty with indication of qualification, start date of work, work payment term, work-rest schedule and other conditions.

5. Draw the attention of courts that claims of the military personnel for recovery on service based on article 45 of the Law "About Courts" and Article 4 of the Provision "About the Organization of Activities of Public Vessels" approved by this Law are subordinated to military court.

6. According to Article of 170 shopping malls the termination of the employment contract is made by persons having rights of employment and drawn up by the order of the employer.

Day of the termination of the employment contract is the last day of work. If the last day of work falls on the day off or on festive non-working or other non-working day, then the first is considered the last working day, the working day following it.

In day of the termination of the employment contract the employer shall issue to the worker its service record or the statement from the electronic service record, and also the copy of the order on the termination of the employment contract. According to the written application of the worker the employer also shall issue it the copies of documents certified properly, work-related.

In case in day of the termination of the employment contract it is impossible to issue the service record or the statement from the electronic service record and the copy of the order on the termination of the employment contract to the worker in connection with its absence from work, or refusal of their obtaining, the employer shall send no later than the next working day to the worker the written notice of need to be behind the service record or to agree to its departure by mail.

The employer has the right to send the copy of the order on the termination of the employment contract with the assurance of receipt of the mailing without receipt of consent of the worker to departure of the copy of the order by mail (Article of 171 shopping mall).

The direction of the copy of the order on the termination of the employment contract signed with it otherwise, that is by means of electronic, the Internet and other similar means of communication, and the fact of receipt of this notification by the worker also is the basis to consider that the employer executed this obligation.

The direction of the copy of the order in electronic form does not exempt from obligation of departure it by mail.

7. Regardless of the bases of the termination of the employment contract, employment disputes about recovery at work are considered directly in court.

The right to appeal to the court behind consideration of individual employment dispute is had the worker or trade-union committee, officials of the State labor inspection, employer, judicial authorities in the procedure established by the legislation, the prosecutor (Article of 559 shopping malls).

Draw the attention of courts that labor unions, their associations, divisions and primary trade-union organizations have the right to take a legal action in protection of labor rights for the benefit of workers according to part three of Article 540 of the Labor code and article 27 of the Law of the Republic of Uzbekistan "About labor unions".

The action for declaration on disputes on recovery at work is filed a lawsuit directly in three-months time from the date of delivery to the worker of the copy of the order of the employer on the termination with it the employment contract (Article of 560 shopping malls).

Term, stipulated in Clause 560 shopping malls, extends also to the claims made by trade-union committee, officials of the state inspectorate for work, judicial authorities and the prosecutor for the benefit of the worker.

The current of circulation period in court on consideration of individual employment disputes stops for consideration of individual employment dispute according to the procedure of mediation.

8. The judge has no right to refuse adoption of the action for declaration based on the omission of circulation period in court. Having recognized the reasons of the omission of this term valid, the court recovers it. If the court, having comprehensively researched case papers, determines that circulation period in court is passed for the disrespectful reason, then refuses the claim.

Proceeding from Article 10 of the Code of civil procedure of the Republic of Uzbekistan (further GPK) according to which civil administration of justice is performed on the basis of competitiveness and equality of participants, the question of the omission the claimant of circulation period in court can be resolved by court under condition if it it is declared by the party in dispute (part 2 of Article 153 of group of companies).

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