Should teachers who teach hourly also be given labor leave?

Saidali Mukhtoraliyev, founder of the "Yuristkadr" project, lawyer, expressed his opinion on granting leave to teachers who teach on an hourly basis. In his opinion, the current regime worsens the situation of teachers who teach hourly lessons.

The lawyer explains the situation as follows

"There are Hourly Remuneration Rates for Conducting Training Sessions, registered by the Ministry of Justice on April 22, 2019, under number 3157.

Based on this "Monthly Payment Amounts for Conducting Training Sessions," the amounts of hourly payment for conducting training sessions for pedagogical staff of secondary specialized, vocational educational institutions and general education schools have also been approved.

The note section of the document (paragraph 1 of the note) contains the following instruction:

"Vacation pay is included in the hourly wage amount."

Based on this instruction in the explanation, teachers who receive hourly payment (not basic) for their lessons today are not being given labor leave. With the thought that "vacation is included in the salary paid for the past hour," such teachers will not be given labor leave during the summer season.

In fact, Article 45 of our Constitution states that "everyone has the right to rest. The right to rest for employees is ensured by establishing the duration of working hours, rest days and non-working holidays, and paid annual leave."

According to part two of Article 216 of the Labor Code, all employees, including those working part-time, have the right to annual leave.

Interesting, right? In our Basic Law and the Labor Code itself, it is clearly stated that all employees working for hire should be granted leave. However, many teachers and educators, citing a simple departmental normative legal act, are denied vacation due to the fact that "vacation is included in the hourly wage."

Now let me draw your attention to this rule. See, Article 8 of the Labor Code states that "any normative legal act should not worsen the legal status of an employee compared to a normative legal act of higher legal force."

Now let's think carefully. Doesn't the document, registered by the Ministry of Justice under number 3127, worsen the situation of employees, that is, teachers, compared to documents 5 times higher (Constitution and Labor Code)?"

According to Saidali Mukhtoraliyev, the document (No. 3127), adopted by the Ministry of Justice and establishing the procedure for hourly payment, contradicts the Constitution and the Labor Code, which restricts the right of teachers to take leave.