English
Ta’tilda bo‘lgan pedagog xodimni to‘garak o‘tishga majbur qilish to‘g‘rimi?
00:17 / 28.06.2024
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Question
We're on vacation. Despite the fact that we are on vacation, the director of the school, on behalf of the MMTB, is assigning us additional work every day. We had to come to the summer camp at the school and give a circle to the students.
Anyway, even though we're on vacation, they're calling us up. They say that we will take measures if we do not go to work. They don't even pay me for it. Is this lawful?
Anyway, even though we're on vacation, they're calling us up. They say that we will take measures if we do not go to work. They don't even pay me for it. Is this lawful?
Reply
Labor leave is given to the employee for recreation. The employee plans the holidays as much as he wants. An employee who is on leave cannot be involved in additional work.
Also, it is not possible to impose sanctions on an employee who is on leave. On the contrary, in this situation, the officials of the regional MMTB and the school director himself are acting in violation of labor legislation.
If the school administration feels an urgent need to employ a teacher, it should recall the employee from the labour leave by order and continue to pay the employee. But this is also done only with the consent of the teacher.
Because according to Article 232 of the Labor Code, recall from annual labor leave is allowed at any time of the vacation only with the consent of the employee.
Undoing without consent, according to Article 49 of the Administrative Responsibility Code, entails a fine of 5 to 10 times the base calculation amount.
Can a teacher who is in labor leave be disciplined for not passing the circle?
Circumstances that can be resolved with the consent of the employee, i.e. the employer recalls the employee from the labor leave or transfers the leave to another period, refuses to fulfill the requirement to perform overtime work, shall not be considered a violation of labor obligations and shall not be the basis for disciplinary punishment.
In conclusion, forcing teachers who are on leave to go through a circle is illegal behavior. On the contrary, in this situation, the employer himself is acting illegally.
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