RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF TURKMENISTAN

of December 18, 1996 No. 7

About practice of application by courts of the legislation regulating the conclusion, change and the termination of the employment contract

The correct and timely consideration of employment disputes is one of efficient remedies of the rights of citizens, education at them of respect for work, and also protection of the rights and the interests of the companies, organizations, the organizations of all patterns of ownership protected by the law.

By generalization of court practice of this category of cases it is determined that courts generally correctly apply the legislation regulating the conclusion, change and the termination of the employment contract.

At the same time, in work of the courts on consideration of labor cases, there are massive faults. The facts of superficial and untimely hearing of cases continue to take place, some courts allowed the wrong application of regulations of the material and procedural legislation. Courts properly do not fulfill the requirement of the law on assignment of the officials guilty of obviously illegal dismissals or transfers of the worker, obligation to indemnify the loss caused to the company, organization, the organization in connection with payment for time of induced truancy or accomplishment of below-paid work.

Courts seldom take out private determinations about the shortcomings of labor organization of workers revealed by hearing of cases and do not put questions of elimination of these shortcomings before officials.

For the purpose of ensuring the correct and uniform application of the labor law, taking into account arisen in practice of questions, the Plenum of the Supreme Court of Turkmenistan

decides:

1. Draw the attention of courts that the correct and timely permission courts of employment disputes is the most important condition of the warning of violations of the law of work, strengthenings of labor discipline, ensuring protection of the rights of workers and employers.

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