The USA Journals Volume 03 Issue 04-2021
165
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
April 30, 2021 |
Pages:
165-170
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-25
I
MPACT
F
ACTOR
2021:
5.
952
‘
ABSTRACT
The author of the article analyzes organizational and legal framework for the implementation of legal
reforms in labour law in Uzbekistan. It is important to improve the role of the prosecutors’ offices in
ensuring the constitutional rights of citizens to work in Uzbekistan, to bring the legislation in line with
international standards through inventory. Based on the analysis of national and international
experience, the author analyzes the reforms implemented in Uzbekistan in this sphere. The author’s
conclusions are put forward at the end of the article.
KEYWORDS
Labour law, prosecutors’ offices, fair working conditions, International Labour Organization, age of
employment.
INTRODUCTION
I.
National
labour
legislation
in
Uzbekistan
The issues of human rights, the right to fair
labour, which is an integral part of it, and the
imposition of special responsibilities on states
in these processes are becoming increasingly
global and relevant in the world. These
processes are particularly evident in the issues
of ensuring gender equality, protecting the
Prosecutors’ Offices In The Protection Of Labour Rights: Is
There A Need For Improving The Legislation Of Uzbekistan
Habibulla Mirsoatov
Independent Researcher At Tashkent State University Of Law, Uzbekistan
Journal
Website:
http://usajournalshub.c
om/index,php/tajpslc
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 04-2021
166
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
April 30, 2021 |
Pages:
165-170
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-25
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2021:
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rights of young people to work, and preventing
child labour. In particular, UN Resolution 71/237
of 21 December 2016 on International
Migration and Development states that the
efforts of states in labour are insufficient, and
this sphere is one of the most pressing issues in
the life of individuals, society and the state at
the national, regional and international levels.
In this regard, the international community
emphasizes the need for further enhancing
international cooperation in labour in all
countries, carrying out legal reforms aimed at
protecting the rights and legitimate interests
of workers.
The main attention is paid to strengthening the
national legislation for improving the sphere by
constitutional legal protection of labour
relations in the world, increasing the
responsibility of law enforcement agencies in
this field, identification of specific areas of legal
regulation of the participation of non-
governmental non-profit organizations and
other civil society institutions. In particular,
guaranteeing the rights of minors in labour,
improving the institutional framework of
institutions that ensure the rights of women
and people with disabilities at the national
level, introducing smart regulation models and
developing more effective mechanisms for the
legal settlement of labour disputes and
strengthening
the
implementation
of
international standards are important in the
legal regulation of related issues.
In Uzbekistan, special attention is paid to the
role of the prosecutor’s office in ensuring the
constitutional rights for ensuring labour rights,
comprehensive legal protection of the
interests of employees and its adaptation to
international standards. Several targeted
measures have been taken and the sector has
developed to a certain extent. In particular,
large-scale systematic work is being carried out
to increase the role and importance of labour
relations and employment in public policy, to
improve
public
administration
through
administrative reforms in this area, to ratify
international conventions in labour, to protect
workers’ rights.
“Creating new jobs and ensuring the
employment of the population, especially
graduates of secondary special and higher
education institutions, ensuring the balance of
the
labour
market
and
infrastructure
development,
reducing
unemployment.
Creating conditions for the full implementation
of labour and entrepreneurial activity of the
able-bodied population, improving the quality
of labour, expanding the system of vocational
training, retraining and advanced training of
people in need” are identified as one of the
priorities in the development of the social
sphere, the study of this area is becoming
important.
Article 37 of the Constitution of the Republic of
Uzbekistan states: “Everyone shall have the
right to work, including the right to choose
their occupation. Every citizen shall be entitled
to fair conditions of labour and protection
against unemployment in accordance with the
procedure prescribed by law”.
This constitutional legal norm fully complies
with
the universally recognized norm
enshrined in Article 23 of the Universal
Declaration of Human Rights, stating that
“Everyone has the right to work, to free choice
of employment, to just and favourable
conditions of work and to protection against
unemployment”. In the national legislation,
this norm is reflected in several legislative acts,
such as Law “On Trade Unions” (2019), “On
The USA Journals Volume 03 Issue 04-2021
167
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
April 30, 2021 |
Pages:
165-170
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-25
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Employment” (2020), “On Private Employment
Agencies” (2018), Decree of the President of
the Republic of Uzbekistan No. DP-5052 of May
24, 2017 “On measures to further improve the
state policy in employment and radically
increase the efficiency of labour bodies”,
Resolution of the President of the Republic of
Uzbekistan “On measures to organize the
activities of the Ministry of Employment and
Labour Relations of the Republic of
Uzbekistan” of May 24, 2017, No. RP-3001.
In particular, A.A. Inoyatov, M.A. Usmanova,
M.Yu. Gasanov, Yu. Tursunov, G.D. Sattarova,
Sh.A. Ismoilov, Z.S. Rasulov, M.A. Rakhimov, B.
Musayev covered labour law and its
implementation in their scientific research.
Opinions on the constitutional legal aspects of
these
issues
and
strengthening
of
constitutionalism in ensuring human rights
have been analyzed in the scientific works of
Sh. Yakubov, I. Bekov, B. Narimanov, B.
Kasimov, K. Aliyeva, H. Batirov, L. Arslonova
and others.
The role of the prosecutor’s office in the law
enforcement system is important in ensuring
the labour legislation. According to Article 118
of the Constitution of the Republic of
Uzbekistan, The Procurator-General of the
Republic of Uzbekistan and the procurators
subordinate to him shall supervise the strict
and uniform observance of laws on the
territory of the Republic of Uzbekistan.
Also, according to Article 9 of the Labour Code,
supervision of exact and uniform execution of
the laws on work in the territory of the
Republic of Uzbekistan is performed by the
Attorney-General
of
the
Republic
of
Uzbekistan and prosecutors subordinated to it.
According to Article 25 of the Law “On the
Prosecutor’s Office” (new edition), the
prosecutor
considers
and
investigates
applications, complaints about violations of
the rights and freedoms of citizens in the
process of monitoring their observance.
Within the framework of the protection of
employees’ labour rights, prosecutors conduct
prosecutorial investigations, review appeals,
and file claims in the courts.
According to the statistics, the prosecutor’s
office identified 2,079 violations of labour
legislation in 2018 and 11,265 in 2019. In 2019,
the prosecutor’s office considered 29,889
appeals on labour laws, of which 10,629 were
satisfied, and the violated rights of 10,896
people were restored. In 2018, 4.8 billion UZS
of overdue salaries of 3,589 citizens were
compensated. The analysis of the figures
shows that the prosecutor’s office plays an
important role in the protection of labour
rights.
II. Existing practice and its improvement
There are cases of non-compliance with labour
legislation by private enterprises, individual
entrepreneurs, employers and individuals.
They are manifested in the following:
first
, recruitment violations: unreasonable
refusal to hire while there are jobs,
discrimination based on age and gender,
concealment of jobs, including unjustified
staffing of budgetary organizations with non-
specialist staff, non-compliance with the
requirements for the conclusion of fixed-term
employment contracts, informal use of citizens
without an employment contract;
second
, labour and rest period violations: non-
payment of wages on time, unlawful
The USA Journals Volume 03 Issue 04-2021
168
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
April 30, 2021 |
Pages:
165-170
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-25
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withholding from employment, discrimination
during
incentives,
guarantee
and
compensation
payments,
overpayments,
violations related to overtime, non-compliance
with the procedure for granting leave, use
without leave for several years;
thirdly, violations in the process of termination
of
the
employment
contract:
illegal
termination of the employment contract,
when the enterprise is reorganized, the
negative practice of dismissing employees
when their name is changed and then re-hiring
them to the employer’s approval, coercion to
dismiss, various pressures, failure to pay on
time when the contract is terminated, non-
issuance of the employment record book,
advance notice in the process of termination of
the contract, failure to obtain the consent of
the representative bodies, non-payment of
dismissal benefits, etc.
II.
Foreign
experience
in
labour
protection
Prosecutors in the CIS countries monitor the
implementation of labour laws. For example,
according to the Labour Code of the Russian
Federation (Labour Code RF No. 197-FZ), a
prosecutor has the authority to apply to the
court to protect the interests of the employee,
to conduct unscheduled inspections of
compliance with labour legislation, to review
appeals. In other foreign countries, the
prosecutor’s office is not the main competent
authority in labour protection. For example,
the United States Attorney, according to the
legislation (28 U.S. Code § 547) prosecutes
crimes against the state under the law,
protects the interests of the Government in
criminal and civil cases. In England and Wales,
the Crown Prosecution Service under the Act
(Prosecution
of
Offenses
Act
1985)
investigates criminal cases initiated by the
police and other investigative bodies, identifies
charges in serious or complex cases, prepares
and submits criminal cases, and assists victims
and witnesses.
IV. Suggestions and opinions
The following is proposed to increase the
effectiveness of the prosecutor’s office in
labour protection:
1.
It is necessary to conduct a systematic
analysis of the current situation based on
the
information
provided
by
law
enforcement, regulatory agencies, public
associations, trade unions, as well as the
interdepartmental
software
and
hardware complex “Single National
Labour System”. Under the requirements
of the Law “On transparency of activities
of the state governing bodies and
administration”, quarterly reports on
identified violations and measures taken
against them should be regularly
published on the official website of the
prosecutor’s office.
2.
According to the International Labour
Organization (Third-party monitoring of
child labour and forced labour during the
2020 cotton harvest in Uzbekistan //
International
Labour
Organization,
Fundamental Principles and Rights at
Work Branch, Geneva: ILO, 2021.), 42
officials, including heads of organizations,
hokims
and
their
deputies,
were
prosecuted under Article 51 of the
Administrative Responsibility Code for
forced labour during the 2020 cotton
The USA Journals Volume 03 Issue 04-2021
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(ISSN
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2693-0803)
Published:
April 30, 2021 |
Pages:
165-170
Doi:
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harvest, and relevant documents were
submitted to the courts in 6 cases.
3.
It is proposed to cooperate with
Uzbekistan Trade Unions Federation on
unreasonable denial of employment,
concealment of jobs, violation of the
requirements for the conclusion of fixed-
term employment contracts and other
violations.
4.
It is proposed to supplement the
Administrative Responsibility Code with
Article 2551, called the Prosecutor’s Office
to prevent forced labour and human
trafficking cases.
In this case, the staff of the Prosecutor’s
Office
is
authorized
to
conduct
proceedings on administrative offenses
under Article 501 (violation of the
legislation
on
private
employment
agencies), 51 (Administrative enforcement
of labour). This function is removed from
the competence of the State Labour
Inspectorate. As a result of the
implementation of the proposal, the
requirements of Conventions No. 29 of
1930 on “Forced and compulsory labour”
and No. 105 of on the “Abolition of forced
labour” will be implemented.
5.
To ensure the prosecutor’s control over
the activities of the commission of inquiry
in the event of a group death and serious
accidents at the enterprise, it is proposed
to add paragraph 11 “It is necessary to
establish prosecutorial control over the
special investigation of accidents in the
prescribed manner” to the chapter 3
“Special investigation of accidents” of the
Regulation “On the investigation and
accounting of industrial accidents and
other damage to the health of employees
in connection with the performance of
work duties”, approved by the Resolution
of the Cabinet of Ministers No. 286 of June
6, 1997.
6.
Introduction of the procedure for
ensuring
the
participation
of
the
prosecutor in the process of consideration
of disputes on payment by the employer in
the courts of civil cases when performing
labour duties provided for in Article 269 of
the Labour Code, the damage to the
employee’s health (including moral
damage) or damage to his/her property,
and this should be fixed by the order of
the Attorney General.
Based on the above, it can be concluded that
increasing the role of government agencies,
especially the prosecutor’s office, in ensuring
the rights and freedoms of citizens in the
process of reforms in our country is one of the
urgent tasks.
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