Acumen:
International Journal of
Multidisciplinary Research
ISSN: 3060-4745
IF(Impact Factor)10.41 / 2024
Volume 2, Issue 6
29
Acumen: International Journal of Multidisciplinary Research
BASIS FOR VIOLATION OF THE RIGHT OF PERSONS TO LABOR
AND RESPONSIBILITY
Dauletbaeva Aynur Bakhramovna
2nd year student of the Faculty of Law of Karakalpak State
University named after Berdakh
E-mail:
+998918731018
Abstract:
This article provides a detailed understanding of individual rights,
including the right to work. Labor law is one of the social rights of the individual and
is regulated by labor legislation. Administrative and criminal liability arises for its
violation. This article also examines the experience of Italy.
Keywords:
person, labor law, administrative responsibility, criminal
responsibility, constitutional law.
Every person, having come into the world, has their own rights and obligations.
For example, constitutional rights include a number of rights, such as life, freedom of
speech, labor, and suffrage. This was also noted at the international level. Article 23 of
the Universal Declaration of Human Rights establishes that every person has the right
to work. Every person's inalienable right is the right to life. That is, we cannot go and
say that we should kill someone or that you should not live, and such actions entail
criminal liability. At the same time, people have the right to exercise the rights
enshrined in the Constitution. For example, the right to vote is not mandatory. In the
electoral process, except in cases stipulated by law, everyone has the right to vote,
which they may or may not exercise, or more precisely, they may or may not elect. Let
us dwell in more detail on one of the rights listed above, the right to work. The right to
work belongs to the category of social rights of individuals. The basis of this right is
the Constitution of the Republic of Uzbekistan, and the new version of the Constitution,
adopted as a result of the referendum held in 2023, further improved the right to work.
Article 42 of the Constitution states that "Everyone has the right to decent work, to
freely choose a profession and type of activity, to work in comfortable working
conditions that meet safety and hygiene requirements, without any discrimination for
the work performed, and from the established minimum wage have the right to receive
fair remuneration no less than, as well as protection from unemployment in the manner
prescribed by law[1]." From the above-mentioned norms, it can be seen that in the
labor process, one chooses what profession to engage in, can work in working
Acumen:
International Journal of
Multidisciplinary Research
ISSN: 3060-4745
IF(Impact Factor)10.41 / 2024
Volume 2, Issue 6
30
Acumen: International Journal of Multidisciplinary Research
conditions that fully comply with safety rules, cleanliness rules, and do not cause
inconvenience. Also, everyone can receive a salary for their work. Wages must not be
less than the amount established by law and must be paid fairly, that is, based on the
results of the work performed. Every person, along with the right to work, has the right
to protection from unemployment. The right to unemployment protection is exercised
in the manner prescribed by law.
Part 2 of Article 42 of the Constitution of the Republic of Uzbekistan states: "The
minimum wage is determined taking into account the need to ensure a decent standard
of living for a person." A person works to live a good life, and taking this into account
in our Constitution, wages are calculated based on the individual's standard of living,
and the minimum wage is established. Part 3 of this article states: "Rejection of
employment, dismissal, and reduction of wages for women due to pregnancy or having
children is prohibited." Through this norm, we can see that everyone has the right to
work, regardless of whether they are a man, a woman, a pregnant woman, or a child.
The right to work is reflected not only in the Constitution, but also in the Labor Code.
Article 5 of the Labor Code, entitled "The Principle of Freedom of Labor and the
Prohibition of Forced Labor," defines the right to work as follows: "Freedom of labor
means the right of every person to dispose of their abilities to work, to exercise them
in any form not prohibited by law, to freely choose the type of occupation, profession
and specialty, place of work and working conditions" [2]. A separate law has also been
developed to protect labor rights.
Article 2 of the Law of the Republic of Uzbekistan "On Labor Protection"
defines the concept of labor protection as follows, that is, labor protection is a system
of socio-economic, organizational, technical, sanitary-hygienic, and therapeutic-
preventive measures and means aimed at ensuring human safety, health, and work
capacity in the labor process, operating on the basis of the relevant law or other legal
acts.
Every person, that is, citizens of the Republic of Uzbekistan, foreign citizens,
and stateless persons (apatrides), also has the right to labor protection [3].
Violation of the above-mentioned norms entails administrative or criminal
liability.
First of all, let's dwell on the basics of administrative responsibility. According
to Article 49 of the Code of Administrative Responsibility, violation of labor and labor
protection legislation by an official entails the imposition of a fine from five to ten
times the basic calculated value. The peculiarity of this article lies in the subject of the
offense, that is, the person who violated the rules on labor protection must be an
Acumen:
International Journal of
Multidisciplinary Research
ISSN: 3060-4745
IF(Impact Factor)10.41 / 2024
Volume 2, Issue 6
31
Acumen: International Journal of Multidisciplinary Research
official. An official is a person appointed or elected permanently, temporarily, or by
special authority, performing organizational, legal, and administrative-economic
functions in state bodies and bodies of citizen self-government [4]. Also, if the person
who committed this offense committed it repeatedly within a year after the application
of administrative penalties, with the exception of knowingly unlawful dismissal from
work, - entails the imposition of a fine on the person from ten to fifteen times the base
calculation amount.
If a person brought to administrative responsibility repeatedly violates labor
protection rules within one year, more severe criminal liability arises.
According to the legislation of the Republic of Uzbekistan, violation of the right
to work is a crime and is reflected in the Criminal Code of the Republic of Uzbekistan.
According to it, knowingly unlawful dismissal, committed after the application of
administrative penalties for the same acts, - is punishable by a fine of up to twenty-five
times the basic calculated value or deprivation of a certain right for up to three years
or corrective labor for up to three years [5].
Illegal - dismissal without the grounds for dismissal provided for by labor
legislation or without complying with the procedure for dismissal [6].
In addition to the fact that the act is illegal, the person who committed the crime
must be aware of the illegality of the act and have previously been brought to
administrative responsibility. Part two of this article outlines sanctions for unlawful
refusal to hire or dismissal of a woman knowing she is pregnant or caring for a young
child, which is one of the most global problems in our social life. If a person commits
an act provided for in part two, it is punishable by a fine of up to twenty-five basic
calculation units or deprivation of a certain right for up to three years or correctional
labor for up to three years. From the second part of this article, we can see that the
protection of women's labor rights has been significantly strengthened, and this norm
also serves to ensure gender equality.
We can also see the crime of violation of the right to work in the experience of
foreign countries. In particular, Italian legislation is similar to our national legislation,
and this right is regulated by separate labor legislation, for violation of which
administrative or criminal liability is applied. Italy Article 603 of the Criminal Code is
called "Forced Labor." This article defines forced or exploitative labor of people,
coercion to work in difficult or undesirable conditions as a crime and applies a fine or
imprisonment. Also, Article 609 of the Italian Criminal Code states "Forced labor."
According to Um, cases of establishing control over an employee through violence or
threats are described.
Acumen:
International Journal of
Multidisciplinary Research
ISSN: 3060-4745
IF(Impact Factor)10.41 / 2024
Volume 2, Issue 6
32
Acumen: International Journal of Multidisciplinary Research
Studying the experience of Italy, it can be seen that imprisonment is not applied
for violation of the right to work in the Republic of Uzbekistan. In Italy, the commission
of these acts also entails administrative and criminal liability.
From the foregoing, it can be concluded that working is a constitutional right of
every person, for violation of which administrative and criminal liability is applied. It
should be noted that labor law is also one of the major branches of law and is regulated
by the Labor Code.
References:
1.
Article 42 of the Constitution of the Republic of Uzbekistan
2.
Article 5 of the Labor Code of the Republic of Uzbekistan
3.
Article 4 of the Labor Code of the Republic of Uzbekistan
4.
M.H.Rustambayev. Oʻzbekiston Respublikasi Jinoyat Kodeksiga sharhlar.
Maxsus qism. Toshkent."Adolat". 2016.
5.
Article 148 of the Criminal Code of the Republic of Uzbekistan.
6.
M.H.Rustambaev, F.Toxirov, A.K.Erkaxodjaev. Jinoyat huquqi. Maxsus
qism. Oliy oʼquv yurtlarining huquqshunoslik mutaxassisligi boʻyicha taʼlim
olayotgan talabalar uchun. Toshkent. 2000.
7.
Articles 603, 609 of the Italian Criminal Code
