In some cases, unjustified dismissals were also observed. If we talk about figures, then during 2020, the Ombudsman's Office received more than 1000 applications to ensure the labor rights of citizens.
On appeals to state bodies and departments, the conclusions of the Ombudsman were submitted. As a result, about 439 million soums of monthly wages were collected, 13 unjustifiably dismissed citizens were reinstated at work, 12 citizens were employed, 14 families with children received benefits worth more than 31 million soums, and five people received unemployment benefits.
It should be noted that the flow of complaints to the Authorized Person of the Oliy Majlis for Human Rights (Ombudsman) regarding violations of labor legislation is still large.
The head of state signed a number of decrees and resolutions in order to prevent the above negative cases in the context of a pandemic, increase citizens' incomes by providing them with work. In particular, the Decree of March 19, 2020 "On Priority Measures to Mitigate the Negative Impact of the Coronavirus Pandemic and the Global Crisis on the Sectors of the Economy" provides for the termination of employment contracts at the initiative of the employer.
Article 111 of the Labor Code also states that "In the event of illegal termination of an employment contract or illegal transfer of an employee to another job, he or she must be reinstated at work by the employer, court or other competent authority."
Thus, according to the current labor legislation, employees who were unjustifiably dismissed have the right to apply to the Ministry of Employment and Labor Relations, the Trade Union, the General Prosecutor's Office, the courts, the Parliament and the Secretariat of the Ombudsman for the restoration of their violated rights.
In this regard, at the beginning of this year, the Authorized Person of the Oliy Majlis of the Republic of Uzbekistan for Human Rights (Ombudsman) received a citizen of the Samarkand region Kh.Sh., who submitted an application for reinstatement at work.
During the investigation, it turned out that the former employee had been working as a legal adviser for the financial department of the khokimiyat of the Pastdargom district of the Samarkand region since December 4, 2013. In connection with the pandemic, in accordance with the decree of the Minister of Finance of September 14, 2020 on the reduction of the staff of legal consultants in the district (city) financial departments, on October 6, 2020, the employment contract of the citizen H.Sh. was torn apart. Not more than a month later, amendments were made to the said order of the Minister of Finance, and citizen Kh.Sh. was reinstated in the position of legal adviser of the district (city) financial department. Unfortunately, the khokimiyat of the Pastdargom district of the Samarkand region did not restore the former legal adviser Kh.Sh.
After that, the Authorized Person of the Oliy Majlis for Human Rights (Ombudsman) submitted a proposal to the Ministry of Finance of the Republic of Uzbekistan to reinstate the citizen in office. As a result, the employee was reinstated at work and received compensation for 1.5 million soums of moral damage and more than 7 million soums due to forced suspension.
The Authorized Person of the Oliy Majlis for Human Rights (Ombudsman) calls on the heads of all state and non-state organizations to respect the rights and interests of their employees, to fully fulfill the obligations imposed on the employer by the Labor Code.
Press Service of the Authorized Person of the Oliy Majlis for Human Rights (Ombudsman)