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What happens if the contract of a teacher working at a "red" school expires?
10:30 / 06.07.2024
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Question
I got a job at a red school in the neighboring district in September 2021. The contract was for 3 years. The contract expires in September 2024.
Now I want to continue my work at this school. Does the head of the school have the right to terminate the contract even if I do not write an application for dismissal? Can I continue to work even if the contract expires?
Reply
The Decree of the President of the Republic of Uzbekistan dated January 11, 2021 No. PP-4940 and the Resolution of the Cabinet of Ministers dated October 15, 2021 No. 646 established the procedure for attracting teachers from other regions to teach in schools with a low level of education.
According to it, teachers with higher education and a first or higher qualification category, with at least one year of pedagogical work experience, will be paid a 50% to 100% bonus in case of attraction from other regions to schools with poor quality of education.
In accordance with the current procedure, teachers are accepted for a vacant position from the first day of the new academic year in the manner prescribed by law.
However, the Regulation "On the procedure for attracting teachers from other regions to teach in schools with a low level of education" does not contain a provision on concluding a fixed-term employment contract with teachers.
Even if such a provision existed, it would be in violation of the Labor Code. Article 111 of the Labor Code lists the grounds for concluding a fixed-term employment contract. Also, Articles 112, 113 provide for the conditions under which a fixed-term employment contract can be concluded and is mandatory.
If the term employment contract does not meet the requirements established by Articles 112, 113, the employment contract shall be recognized as concluded for an indefinite period.
So, even in the above situation, the employment contract concluded with the employee is considered to be concluded for an indefinite period. Therefore, it is impossible to conclude a fixed-term employment contract with teachers from other regions to teach in schools with a low level of education.
The conclusion is that even if the term of the employment contract with the teacher involved in the "red" school from another region has expired, the teacher can continue working in this school. Because there are not enough grounds for concluding a fixed-term employment contract.
Attention: If the teacher worked in a school of the "red" category for two academic years, the allowances paid for working in this school will be suspended.
Because, according to Chapter 5, paragraph 22 of the Regulation "On the procedure for attracting teachers from other regions to teach in schools with a low level of education," if the school in which teachers work is not excluded from the list of schools with a low level of education during two academic years, the payment of special allowances paid to teachers for attracting teachers from other regions will be stopped.
Special allowances are paid only for the academic year following the year in which the school visited by the teachers is removed from the list of schools with a low level of education. That is, regardless of the situation, special allowances will be paid only for two academic years.
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Ulugbek Pulatov
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