The USA Journals Volume 03 Issue 05-2021
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The American Journal of Political Science Law and Criminology
(ISSN
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2693-0803)
Published:
May 31, 2021 |
Pages:
121-129
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue05-19
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‘
ABSTRACT
The article is dedicated to the study of legal regulation of the institution of disciplinary responsibility
and identify its main problems. The expediency of separation of general and special disciplinary
responsibility is substantiated. The article analyzes disciplinary responsibility as a type of judicial
responsibility, сoncept of labor discipline, disciplinary offense, systematic and a single flagrant
violation by the worker of his labor duties, peculiarities of the application of disciplinary sanctions.
There were developed both theoretical proposals and proposals for amending legislation on the legal
regulation of disciplinary responsibility.
KEYWORDS
Judicial responsibility, disciplinary responsibility, the discipline of labor, labor order, disciplinary
sanction, reprimand, fine, termination of the labor contract, systematic and a single flagrant violation.
INTRODUCTION
Disciplinary responsibility represents a form of
judicial responsibility specific to the labor law,
containing the ensemble of the legal norms
that define disciplinary deviations, establish
the sanctions and regulate the background and
procedural conditions for their application.
A Disciplinary Responsibility By The Labor Legislation Of The
Republic Of Uzbekistan
Mukhammadamin Karimjonov
Lecturer Of Tashkent State University Of Law, Uzbekistan
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
The USA Journals Volume 03 Issue 05-2021
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The American Journal of Political Science Law and Criminology
(ISSN
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Pages:
121-129
Doi:
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Being specific to the work relation, the
disciplinary responsibility occurs whenever an
employee violates the obligation to respect
labor discipline. This type of responsibility has
a contractual nature, a strictly personal
character, exercising sanctioning, preventive
and educational functions.
In accordance with the Constitution of the
Republic of Uzbekistan, everyone shall have
the right to work, including the right to choose
their occupation. Every citizen shall be entitled
to fair conditions of labor and protection
against unemployment in accordance with the
procedure prescribed by law. Any forced labor
shall be prohibited, except as punishment
under the sentence of a court, or in some other
instances specified by law.
As noted by the Director-General of the
International labor organization Guy Ryder
fundamental and large-scale changes are being
implemented in Uzbekistan, which has
significantly improved the country's positive
image in the eyes of the world community,
contribute to improving the standard of living
of the population, provide employment and
decent working conditions for citizens of
Uzbekistan
1
.
Labor law is one of the independent branches
of the unified law of the Republic of
Uzbekistan. Like any independent branch of
law, it has a certain subject of regulation of
social relations and the corresponding method
of legal impact on these relations. Despite its
independence, labor law also has common
features that are characteristic of any other
industry. The unity of the general and the
particular is inherent in it. Any branch of law
includes norms that provide for responsibility
for violation of the prohibitions and
instructions defined by these norms. These
norms form the legal institution of legal
responsibility, which is a generalizing principle.
Legal responsibility acting as an independent
institution of law, is one of the forms of social
responsibility.
MATERIALS AND METHODS
In the course of the research, such methods as
comparative legal, systemic and structural,
logical, sociological, complex study of scientific
sources, induction and deduction, empirical
research data were applied.
RESULT AND DISCUSSION
Disciplinary responsibility of employees, as an
independent type of legal responsibility,
occurs for violation of labor discipline, that is,
an illegal violation of the employee's work
duties assigned to him (violation of internal
labor regulations, job descriptions, regulations,
orders of the head, technical rules, etc.). Such
an offense is called a disciplinary offense.
Labor legislation distinguishes between two
types of disciplinary responsibility:
general and
special.
General disciplinary responsibility
is regulated
by the Labor Code of the Republic of
Uzbekistan (in the next places – Labor Code)
and applies to all employees who have entered
into an employment contract, except for those
for whom special disciplinary responsibility has
been established.
The implementation of general disciplinary
responsibility is carried out in accordance with
the procedure regulated by the Labor Code,
which provides for a number of legal
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guarantees for employees in order to prevent
unreasonable prosecution of them.
Special disciplinary responsibility
is governed
by other laws and discipline statutes and
regulations.
Special disciplinary responsibility implies a
broader concept of disciplinary offense and
provides for a number of additional penalties.
The establishment of special disciplinary
responsibility is conditioned, firstly, by the
specifics of the labor functions performed by
these workers, and, secondly, by the especially
grave consequences that may occur as a result
of non-fulfillment or improper fulfillment of
their labor duties assigned to them.
Disciplinary responsibility of certain categories
of
civil
servants
(investigative
and
prosecutorial, judicial and a number of other
bodies) is regulated by special acts of the
Republic of Uzbekistan
Disciplinary responsibility as a type of legal
responsibility should be distinguished from
responsibility provided for by the rules of
administrative law. They differ in the nature of
the offenses for which this or that
responsibility comes, according to the subjects
who have the right to impose penalties,
according to the circle of persons who can be
brought to justice, as well as the types of
penalties applied to them.
Unlike disciplinary liability, which, as already
noted, occurs for violation of labor discipline
(disciplinary
offense),
administrative
responsibility occurs for committing an
administrative offense, i.e. illegal, guilty action
(inaction) of an individual or legal entity, for
which the Code of the Republic of Uzbekistan
on Administrative Responsibility. For example,
for violation of fire safety rules, traffic rules,
etc.
Disciplinary
responsibility
should
be
understood as the application by the head of
the enterprise against the employee guilty of
the disciplinary offense of the measures of
punishment provided for in the legislative and
local acts.
The prerequisites for the occurrence of an
employee's disciplinary responsibility are:
A)
The commission by an employee who is in
labor legal relations with the employer of a
guilty act or omission;
B)
Unlawfulness (but not socially dangerous)
of the act committed by the employee;
C)
The obviousness of the onset of material or
moral harm.
When bringing an employee to disciplinary
responsibility, the observance of legality and
social justice, expediency, inevitability of
punishments and guarantees to the employee
must be ensured
2
.
The basis for bringing an employee to
disciplinary responsibility is the commission of
a disciplinary offense by the employee.
A disciplinary offense is understood as a guilty
unlawful failure or improper performance by
an employee of his job duties (violation of job
duties).
It is not allowed to bring an employee to
disciplinary liability if non-performance or
improper performance their work duties took
place for reasons beyond the control of from
the employee (failure by the employer to
provide the conditions necessary for the
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employee to fulfill his job duties, force majeure
circumstances).
Disciplinary penalties are imposed only by the
employer with whom the employee has an
employment
relationship.
Administrative
penalties have the right to be applied by
specially authorized bodies or persons with
whom the offender is not associated with labor
relations (for example, the state labor
inspectorate, the police, etc.).
Thus, disciplinary responsibility arises for the
commission of a disciplinary offense by an
employee.
A disciplinary offense is characterized by the
fact that it is expressed in the unlawful and
guilty failure of the employee to perform his
job duties.
The employee's fault for committing a
disciplinary offense and his unlawfulness are
prerequisites for bringing to disciplinary
responsibility. Moreover, both of these
conditions must be present at the same time,
i.e. their combination is necessary.
According
to
the
academic
lawyer
M.Y.Gasanov “You should pay attention to the
fact that in cases stipulated by legislation, local
acts of an enterprise or an employment
contract, regular professional development is
the responsibility of the employee.
Accordingly, the refusal of an employee,
without good reason, to undergo advanced
training within the established timeframe is a
violation by the employee of his job duties and
may serve as a basis for bringing him to
disciplinary responsibility"
3
.
Labor discipline is the binding and organizing
force without which collective work and the
achievement
of
collective
results
is
unthinkable. Due to labor discipline, a special
regime is provided, which is so necessary for
the joint, coordinated work of numerous
employees.
The content of labor discipline includes the
mutual obligations of the employee and the
employer must faithfully and accurately
perform their duties. Labor discipline is
ensured by the creation of the necessary
organizational and economic conditions for
normal work by means of incentives and
rewards for conscientious work, by applying
penalties to unscrupulous workers.
Bringing
an
employee
to
disciplinary
responsibility is allowed only in compliance
with the procedure established by law. At the
same time, the employer has the right to apply
to the employee only those disciplinary
measures that are provided for by law.
A worker shall be obliged in good faith to fulfill
his labor duties, comply with labor discipline,
execution legal regulations of the employer in
a timely way and precisely, comply with
technological discipline, requirements relating
to the protection of labor, technical safety, and
production sanitation, and treat with care the
property of the employer.
Labor duties of a worker shall be clarified in the
rules of internal labor order, charters and
statutes on discipline, local acts applicable in
the
enterprise
(collective
contracts,
instructions, and so forth), and the labor
contract.
For committing a disciplinary offense, the
employer has the right to apply one of the
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disciplinary sanctions to the employee,
provided for by the Labor Code. Disciplinary
sanctions can be applied for the violation, i.e.
guilty
unlawful
failure
or
improper
performance by the employee of his / her job
duties (violation of internal regulations, job
descriptions, provisions of legal orders of the
employer, technical rules, etc.).
Therefore, it cannot be considered a violation
of labor obligations and cannot serve as a basis
for the application of disciplinary sanctions, in
particular, the employee's refusal to perform
work to which he was illegally transferred, to
continue working in new working conditions,
to fulfill the employer's order on an issue that,
in accordance with legislative and other
normative acts on labor can be resolved only
with the consent of the employee (the
employee's refusal to fulfill the employer's
requirement to withdraw from vacation or to
postpone the vacation for another period,
from engaging in overtime work, refusal of a
pregnant woman or a woman with children
under the age of fourteen years old (disabled
children - up to sixteen years old) from work at
night, on weekends, from being sent on a
business trip, refusal of a disabled person to
work at night or on weekends, etc.)
On the basis of Article 181 of the Labor Code,
for a violation of labor discipline an employer
shall have the right to apply the following
measures of disciplinary sanction to a
worker:
1)
Reprimand;
2)
Fine in an amount of not less than 30% of
average monthly earnings.
Instances of the imposition of a fine on a
worker in an amount of not more than
50% of average monthly earnings may be
provided for by the rules of internal labor
order;
3)
Termination of the labor contract (Article
100, paragraph two, points 3 and 4).
The application of measures of disciplinary
sanction not provided for by the present
Article shall be prohibited
4
.
The termination of the employment contract
under paragraphs. 3 or 4 parts of the second
points of article 100 of the Labor Code is a
disciplinary sanction, notification of an
employee and termination of labor relations
with him on these grounds is allowed only
within the time limits established for the
imposition of disciplinary sanctions.
As the academic lawyer M.Y. Gasanov notes,
“It is important to note that the list of
disciplinary sanctions has been brought in line
with international legal acts and market
requirements, in contrast to the previously
existing Labor Code. In particular, as
contradicting the ILO Convention №. 105 of
1957. "On the abolition of forced labor" was
excluded from the Labor Code of the Republic
of Uzbekistan such a disciplinary measure as
transfer to a lower-paid job
5
.
Disciplinary sanctions shall be applied by the
persons (or agencies) to whom the right to hire
has been granted.
A written explanation must be demanded by
the worker before the application of a
disciplinary sanction. A refusal of the worker to
give an explanation may not serve as an
obstacle to the application of the sanction for
an offense previously committed by him.
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When applying a disciplinary sanction, the
gravity of the offense committed, the
circumstances of its commission, and the
previous work and behavior of the worker shall
be taken into account.
Only one disciplinary sanction may be applied
for each offense.
A disciplinary sanction shall apply directly to
the discovery of an offense, but not later than
one month from the date of its discovery, not
counting the time of illness of the worker or his
sojourn on leave.
Recovery may not be applied later than six
months from the date of commission of the
offense, and with regard to the results of the
audit or verification of financial-economic
activity, later than two years from the date of
its commission. The time of the proceedings
with regard to the criminal case shall not be
included in the said periods.
The order (or regulation) or decree concerning
the application of a disciplinary sanction shall
be announced to the worker under receipt.
The period of operation of a disciplinary
sanction may not exceed one year from the
date of its application. If within this period a
worker is not subjected to a new disciplinary
sanction, he shall be considered as not having
a disciplinary sanction.
An employer who has applied a disciplinary
sanction shall have the right to cancel it before
the expiry of the year at own initiative, at the
request of the worker, at the petition of the
labor collective, or of the immediate superior
of the worker.
A disciplinary sanction may be appealed in the
procedure established for the consideration of
individual labor disputes.
The agency considering the labor dispute shall
have the right, taking into account the
circumstances under which the offense was
committed, the previous behavior of the
worker, attitude towards labor, conformity of
the disciplinary sanction to the gravity of the
offense committed, and compliance by the
employer with the procedure for the
imposition of the sanction, to deem the
application of the disciplinary sanction to the
worker to be illegal and to render a decision
concerning the vacating thereof.
ACKNOWLEDGEMENTS.
Labor law provides additional guarantees for
certain categories of employees, and there are
some exceptions to the application of
disciplinary sanctions to this category of
persons.
A)
The imposition of disciplinary sanctions,
termination of the labor contract at the
initiative of the employer with workers
elected to representative organs and not
relieved from production work, and also
the termination of labor relations at the
initiative of the employer with the workers
elected to the representative organs
within two years after the end of their
elective powers, shall not be permitted
without the preliminary consent of the
local agency for labor (Article 25 of the
Labor Code).
B)
The termination of a labor contract with
pregnant women and women having
children up to three years of age at the
initiative of the employer shall not be
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permitted except for instances of the full
liquidation of the enterprise (Article 237 of
the Labor Code).
C)
Termination of the labor contract with
workers younger than eighteen years of
age at the initiative of the employer shall
be permitted, in addition to compliance
with
the
general
procedure
for
termination of a labor contract, with the
consent of the local agency for labor
(Article 246 of the Labor Code).
D)
There are specifics in the labor legislation
in the application of disciplinary sanctions
against the head of the enterprise. The
employment contract concluded between
the owner of the enterprise and the head
of the enterprise may establish a list of
single flagrant violations of labor duties
that may lead to the termination of the
employment contract.
Also during the coronavirus pandemic, there
were some temporary restrictions were
imposed on the use of disciplinary sanctions
6
.
According to Decree of the President of the
Republic of Uzbekistan of March 19, 2020 №
5969 “On priority measures to mitigate the
negative impact on the branches of the
economy of the coronavirus pandemic and
global crisis events” prohibited to terminate an
employment contract with an employee who is
infected with a coronavirus infection or placed
in quarantine, as well as those who are the
parent (substitute, guardian, or trustee) of a
child under the age of 14 years, at the initiative
of the employer.
That is, it is clear from this norm that employers
can not terminate labor contract with with an
employee who is infected with a coronavirus
infection or placed in quarantine, as well as
those who are parent (substitute, guardian, or
trustee) of a child under the age of 14 years
even if they systematic or a single flagrant
violate their labor duties.
In practice, there are cases when an employee
with whom an employment contract was
concluded does not start work within the time
period stipulated in the contract. In accordance
with the current legislation, if the employee did
not start work without a valid reason, the
employer has the right to apply disciplinary
measures to him, including terminating the
employment contract with the employee in
accordance with the established procedure
under paragraph 4 of part two of Article 100 of
the Labor Code. In order to apply a disciplinary
sanction to an employee, the employer must
request an explanation from him. However, it
is often impossible to do this, since an
employee who does not appear for work has
left for another locality, or for other reasons is
absent from his place of permanent residence.
DECISSION
In connection with the above, it seems
appropriate to take into account the
experience of the Russian Federation (part
four of article 61 of the Labor Code) and fix in
the Labor Code a norm that provides that if an
employee does not start work on time without
a valid reason within seven days, the
employment contract is canceled.
Expand the list of disciplinary sanctions. For
example, it is advisable to take into account the
norms of the labor legislation of the CIS
countries, such as Turkmenistan (clause 1 of
article 164 of the Labor Code), Kazakhstan
(clause 1 of article 64 of the Labor Code),
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Kyrgyzstan (article 146 of the Labor Code),
Armenia (article 223 of the Labor Code),
Tajikistan (Article 62 of the Labor Code),
Belarus (Article 198 of the Labor Code) which
lists the types of disciplinary sanctions that are
absent in our labor legislation (namely, only
three types of disciplinary sanctions are
indicated, including a reprimand, a fine, and
termination of an employment contract).
In our opinion, taking into account the
experience of the above countries, to include
in the list of disciplinary sanctions provided for
in Part 1 of Article 181 of the Labor Code, such
types of penalties a severe reprimand, transfer
to a lower position, and thereby expand and
develop this norm of the Labor Code of the
Republic of Uzbekistan.
To summarize, labor discipline is the hallmark
of labor relations. The duty to observe labor
discipline is one of the main responsibilities of
an employee as a subject. Compliance with
labor discipline, a proper performance by an
employee of labor duties and prevention of
their misconduct are the most important
factors in the growth of production and the
competitiveness of the employer in the
economic sphere. Many Uzbek scientists in the
field of labor law have addressed the problems
of the institution of disciplinary responsibility in
their research.
In recent years, issues of disciplinary
responsibility have been actively developed in
the
works
of
Ismailov,
Sh.A
[7],
Burxanxodjayeva, X.V
[8],
Raximov, M.A
[9],
Raximberganova, B.D
[10],
Xojabekov, M.J
[11],
Rahimqulova, L.U.
[12].
As noted by the President of the Republic of
Uzbekistan Shavkat Mirziyoyev in the address
to Oliy Majlis, we all know that reform means
renovation, change. In order for the reforms to
succeed, first of all, our leaders and people
need to change. When a person changes,
society changes. To achieve this goal, it is vital
that today leaders of all levels, members of the
parliament and local legislative bodies need to
organize their work on the basis of critical
analysis,
rigorous discipline and personal
responsibility
13
.
Disciplinary responsibility has an important role
in the regulation of labor relations, allowing
the employer to achieve the effective
fulfillment of labor duties by the employee. The
disciplinary sanctions and the grounds for their
application help to protect the employee from
the arbitrariness of the employer and, at the
same time, achieve a positive effect from the
employee's performance of his labor duties.
REFERENCES
1.
https://www.un.int/uzbekistan/news/preside
nt-republic-uzbekistan-receives-director-
general-international-labor-organization
2.
Турсунов Й. Трудовое право. Учебник. Т.:
Издательство ТГЮИ. 2004 г. –252 стр
3.
Гасанов М. Трудовое право Республики
Узбекистан. Общая часть. Т. «LESSON
PRESS», 2016.С.86.
4.
Labor Code of the Republic of Uzbekistan.
Translated, with an Introduction, by William
E. Butler, Professor of Comparative Law in
the University of London, © 2005 by William
Elliott Butler.
5.
М.Ю.Гасанов. Трудовой кодекс: Развитие
инициативы работника и работодателя.
Народное слово. 18 ноября 1995г. С. 2.
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F
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6.
Karimjonov.М.M. (2020) "Peculiarities of
application of disciplinary sanctions to
individual categories of workers under
quarantine,” Review of law sciences: Vol.
Special,
Available
at:
https://cyberleninka.ru/article/n/osobennosti
-primeneniya-distsiplinarnyh-vzyskaniy-v-
otnoshenii-otdelnyh-kategoriy-rabotnikov-v-
usloviyah-karantina/viewer
7.
Ismailov, Sh.A. (2018) "Problems of legal
regulation of differentiation in the labor
sphere," Review of law sciences: Vol. 2 : Iss. 1
,
Article
14.
Available
at:
https://uzjournals.edu.uz/rev_law/vol2/iss1/14
8.
Burxanxodjayeva, X.V. (2020) "Features of
regulation of labor relations in microfirms,”
Journal of Law Research: Vol. 8: Available at:
https://law.tadqiqot.uz/index.php/law/article
/view/144
9.
Raximov, M.A. (2018) "New institution:
resolving labor disputes through mediation,"
Review of law sciences: Vol. 3 : Iss. 1 , Article
11.
Available
at:
https://uzjournals.edu.uz/rev_law/vol3/iss1/11
10.
Raximberganova, B.D. (2018) "The issues of
improving the basics of working on situations
beyond the will of the parties," Review of law
sciences: Vol. 2 , Article 15. Available at:
https://uzjournals.edu.uz/rev_law/vol2/iss1/15
11.
Khojabekov, M.J. (2020) “Employment rights
and privileges of persons with disabilities”,
TSUL Legal Report International electronic
scientific
journal,
1(1).
Available
at:
https://legalreport.tsul.uz/index.php/journal/
article/view/12
12.
Rahimqulova, L.U. (2020) "Subjects of labor
disputes,” Journal of Law Research: Vol. 8 :
Available
at:
https://law.tadqiqot.uz/index.php/law/article
/view/105/106
13.
https://www.un.int/uzbekistan/news/address
-president-republic-uzbekistan-shavkat-
mirziyoyev-oliy-majlis
