ACADEMIC RESEARCH IN MODERN SCIENCE
International scientific-online conference
123
FURTHER IMPROVEMENT OF THE LEGAL REGULATION OF FIXED-
TERM LABOUR CONTRACTS
Bonu Davlatnazarovna Rakhimberganova
Senior Lecturer at the Pedagogical Center
of the Training Institute for Lawyers
PhD in Law,
https://doi.org/10.5281/zenodo.15726749
In order to effectively ensure the main objective of the Labour Code of the
Republic of Uzbekistan, it is necessary to expand the right of employers, who are
one of the parties to an labour contract, to conclude fixed-term labour contracts.
According to the current procedure, an employer can hire employees on a fixed-
term basis only in cases specified in the Labour Code. According to it, the
employer may conclude a fixed-term labour contract at his own discretion in ten
cases, and by agreement with the employee (by mutual consent of the parties) in
eight cases. However, in legal practice, employers are forced to hire employees
on a fixed-term basis even in situations not specified in the Labour Code.
In addition, employees themselves are not interested in working on a fixed-
term basis; establishing indefinite employment relations is considered a more
favorable option for them. However, there is practically no difference in the
rights of employees working on a fixed-term or indefinite basis in legislation.
The easier termination process of a fixed-term labour contract only causes fear
among employees.
Although the last parts of Articles 112 and 113 of the Labour Code stipulate
that fixed-term labour contracts can only be concluded in cases specified in this
Code and other laws, the Resolution No. 967 of the Cabinet of Ministers of the
Republic of Uzbekistan “On the gradual transition of higher education
institutions to a self-financing system” introduces the practice of concluding
one-year fixed-term contracts between higher education institutions and
professors-teachers in order to select those who can widely use modern
pedagogical technologies and conduct scientific research.
The experience of foreign countries shows that, in particular, when
analyzing the criminal legislation of countries such as Germany, France, Georgia,
Romania, and Kazakhstan, the following mechanisms are observed.
In the Federal Republic of Germany, fixed-term labour contracts are
regulated by the Civil Code of Germany. According to Article 620 of the Code, the
conclusion of fixed-term labour contracts is regulated by the “Law on Part-Time
Work and Fixed-Term Labour contracts” (Teilzeit- und Befristungsgesetz),
which entered into force on January 10, 2001. As the name of the law suggests, it
ACADEMIC RESEARCH IN MODERN SCIENCE
International scientific-online conference
124
covers part-time and fixed-term employment. According to Section 1 of the law,
its main objectives are: first, to encourage part-time work (mainly by legalizing
employees' claims to reduce working hours); second, to establish rules for the
conditions of concluding fixed-term labour contracts (Section 14); and third, to
protect part-time employees and those with fixed-term labour contracts from
discrimination (Section 4, Paragraphs 1 and 2). According to German legislation,
one of the important objective reasons for concluding a fixed-term labour
contract is the temporary production need to complete a specific job (Section 14,
Subsection 1, Clause 1 of the Law).
In France, labor relations are regulated by the Labour Code (Code du
travail). According to Article L1242-1, regardless of the basis for its conclusion, a
fixed-term labour contract cannot aim to or result in permanently filling a
position related to the company's usual and ongoing activities.
In addition, in France, the legal grounds for concluding a fixed-term labour
contract are clearly defined in labor legislation. According to Article L1242-2, a
fixed-term labour contract may only be concluded to perform a specific and
temporary task and only in the following cases.
Although labor relations in Georgia are liberal, employers’ rights in
concluding fixed-term labour contracts are limited. Unlike the Republic of
Uzbekistan, in Georgia, unless the contract is for one year or more, a fixed-term
labour contract may be concluded only if legal grounds exist (Article 12, Part 3
of the Labour Code of Georgia). Newly established business entities
(entrepreneurs registered for less than 48 months) are granted the right to
conclude fixed-term labour contracts without any specific reason. If a contract is
concluded for more than 30 months or fixed-term contracts are concluded
consecutively two or more times with a total duration exceeding 30 months,
such a contract is considered a permanent contract.
Based on the results of the analysis, and taking into account the experience
of foreign countries, the following proposals are made to improve the legal
regulation of fixed-term labour contracts:
– Amend Part 2 of Article 112 of the Labour Code to read: “a fixed-term
labour contract may also be concluded in other cases in accordance with this
Code or other legislative acts”;
– The grounds for concluding a fixed-term labour contract by mutual
agreement of the parties should be expanded. In this regard, it is advisable to
allow additional grounds to be defined in social partnership documents
(collective agreements and collective contracts);
ACADEMIC RESEARCH IN MODERN SCIENCE
International scientific-online conference
125
The implementation of these proposals into legislation will serve to expand
employers’ rights and ensure full protection of the rights and interests of
employees.
References:
1.
Oʻzbekiston Respublikasining Mehnat kodeksi. Qonunchilik maʼlumotlari
milliy
bazasi,
29.10.2022-y.,
02/22/798/0972-son;
04.07.2024-y.,
03/24/934/0469-son.
2.
German
Civil
Code.
URL:
https://www.gesetze-im-
internet.de/englisch_bgb/englisch_bgb.html#p2977
3.
Fransiyada muddatli mehnat shartnomasining tartibga solinganlik holati
haqida
ma’lumotlar.
URL:
https://eplex.ilo.org/country-
detail/?code=FRA&yr=2019
