Is it right to hire a new employee before classes are distributed?

Question

Despite the fact that there are no additional jobs at the school, the director wants to hire a new teacher. Classes haven't been fully distributed among the teachers yet, is the director's action legal?

Response

The distribution of lessons to teachers is carried out in the priority sequence provided for in paragraph four of clause 15 of the Regulation on the Procedure for Forming Classrooms and Tariff Lists in General Education Institutions (reg.

Based on the sequence of these indicators, it is recommended to determine the maximum number of teaching hours for teachers who have an advantage.

In this case, with the written consent of the teacher who has the opportunity to receive the maximum teaching hours, the teaching hours that can be allocated to him may be transferred to other teachers.

If teaching hours are not fully distributed among the existing teachers in the educational institution, and the director recruits new candidates, there may be a shortage of teaching hours for teachers who have achieved success.

This is a violation of the requirements of the Regulation "On the Procedure for Completing Classes and Forming Tariff Lists in General Education Institutions."

In this situation, pedagogical workers whose labor rights have been violated can appeal to trade unions, territorial employment departments, or justice bodies in accordance with Article 559 of the Labor Code.

If the situation is confirmed, one of the types of disciplinary sanctions provided for in Article 312 of the Labor Code may be applied to the school principal.

Also, according to Article 49 of the Code of Administrative Responsibility, violation of labor and labor protection legislation by an official - entails the imposition of a fine from five (2 million 60 thousand soums) to ten (4 million 120 thousand soums) times the base calculation amount.

The same offense, committed repeatedly within a year after the application of administrative penalties, - entails the imposition of a fine from ten (4 million 12 thousand soums) to fifteen (6 million 180 thousand soums) times the base calculation amount.

Therefore, school principals are advised not to hire new candidates without fully distributing lessons among existing teachers who have been working in educational institutions and have achieved certain successes.