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THE CONCEPT AND SIGNIFICANCE OF PRINCIPLES OF LABOUR LAW
Nizomova Khosiyatkhon Omonkhon qizi
Master’s student of the Tashkent State university of law
Email: nafisanizomova@gmail.com
Tel: +998 99 707 85 35
Tashkent, Uzbekistan
https://doi.org/10.5281/zenodo.15663783
Principles of labour law stand for expression of state policy in the field of labour, aimed
at ensuring balance of interests between employees and employers, protecting labour rights of
citizens and creating favorable working conditions. According to Smirnov, principles of labour
law are fundamental guiding ideas expressing the essence of labour law norms and main
directions of state policy in the field of legal regulation of social relations related to the
functioning of the labour market and organization of hired labour
1
.
The role of principles is undoubtedly great, for they help to evaluate the effectiveness of
current legal acts governing labour with related legal relations and form the legislative
foundation. In labour law, a distinction is traditionally made between general legal, inter-
industry, and sectoral principles of law, as well as the principles of individual sectoral
institutions and even certain groups of legal norms
2
.
General legal principles inherent in the entire legal system as a whole, regardless of
industries. They reflect the fundamental values on which the state legal system is built.
Therefore, it is necessary to distinguish between general legal principles of law and
fundamental principles of law. Fundamental principles of law are the result of the
interpretation of the norms of law, produced only by specially authorized judicial bodies. In
contrast, general legal principles are formed in the process of any legal discipline. As an
example, general legal principles are legality (all subjects are obliged to comply with the law),
equality of all before the law and court, justice, humanism, inadmissibility of abuse of rights.
These principles have the highest legal force and are mandatory for all branches of law,
including labour law.
Inter-branch principles are also included in the system of principles of law. An inter-
branch principle is defined as a basic idea common to two or more branches, reflecting the
regularity and connections of the development of social relations, normatively enshrined in
positive law, guiding legal regulation and determining the essence and social purpose of law
3
.
In other words, those principals work in several, but not every branch of law. For example,
principle of freedom of contract is reflected in both civil and labour law relations, or principle
of optionality is in civil procedure, arbitration procedure, labour disputes.
Branch principles of law are determined for each specific branch of law by its
characteristics
4
. In labour law branch principles are stipulated in Art. 3 of Labour Code of the
Republic of Uzbekistan, those are:
1
Трудовое право: Уч/ под ред. О.В. Смирнова. М.-page 23
2
Мацкевич О.В. Трудовое право: Учебник для бакалавриата / О.В. Мацкевич, А.Н. Приженникова, А.В. Буянова.
— М.: Прометей, 2022. 59 page
3
Зубакин В.Ю. Место и значение принципа равенства перед законом и судом в системе принципов правового
государства // Ленинградский юридический журнал. 2014. № 3 (37). 11 page.
4
Ахвердян А.Г. (2023). Система принципов права и общеправовые принципы: соотношение и аспекты
взаимодействия. Право и государство: теория и практика, (5 (221)), 64-67.
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equality of labour rights, prohibition of discrimination in the sphere of labour and
occupation;
freedom of labour and prohibition of forced labour;
social partnership in the sphere of labour;
guarantee of ensuring labour rights and fulfillment of labour duties;
inadmissibility of deterioration of the legal status of the employee.
So, the classification of legal principles allows to distinguish the group of its action, apply
them in lawmaking and interpretation, identify and eliminate contradictions in legislation,
serve as the protection of human rights in legal spheres.
Law enforcement is aimed to create an internally consistent and effective system of legal
norms, for the direct regulation of social relations in the event of its gaps and inconsistencies.
For example, the principle of freedom of labour prohibits requiring an employee to perform
work that is not stipulated in the employment contract, although labour legislation allows for
changes to the terms of an employment contract only with the written consent of the employee.
Besides that, principles are widely used in lawmaking practice acting as the main
provisions, the initial principles of legal regulation of social relations, they guide the legislator
to the adoption and corresponding development of legislation, and are expressed in legislative
acts. Legal principles function as key reference points in law enforcement, influencing the
interpretation of laws, the filling of legal gaps, and judicial decision-making.
The principles of labour law, currently identified in the Labour Code of Uzbekistan as the
main principles of labour relations are further disclosed in Articles 4-8, reflecting freedom,
equality, justice, non-discrimination. These include the freedom of labour, which guarantees
the right to freely choose employment and prohibits forced labour; the equality of rights and
opportunities, ensuring non-discrimination in labour relations; the principles emphasize social
partnership, protection of labour rights and freedoms, and state guarantees of minimum labour
standards and non-deterioration of employee position. Each of these principles serves not only
as a normative foundation but also as a tool for interpreting and applying labour legislation,
ensuring that the worker’s position is safeguarded against any form of unjust deterioration.
