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Is it correct to give assignments to teachers on vacation?
12:22 / 09.07.2024
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Question
Despite the fact that we are on vacation, the preschool and school education department gives us assignments every day. One teacher was assigned to each graduate. If the graduate does not submit documents or cannot enter, the assigned teacher will answer.
Today, the psychologists were called to a meeting at the MMTB on behalf of the head. As it was not enough, 15 graduates were forced to take it. Is it true that they do this now that everyone is on leave?
Reply
Article 216 of the Labor Code stipulates that annual leave is the period of time during which the employee is released from work with the preservation of the place (position) and average salary for rest and restoration of working capacity, which is provided to the employee annually during the working year.
It can be seen from this that the employee plans the vacation as much as he wants. An employee who is on leave cannot be involved in additional work.
According to Article 232 of the Labor Code, recall of an employee from vacation is allowed only with the consent of the employee. If the employee does not agree, you cannot withdraw from the vacation. You can view the full procedure here.
Is it correct to give additional assignments to an employee on leave?
In this situation, the officials of the territorial NMMC act in violation of labor legislation.
The work of teachers is regulated by the "Positional duties of employees of general secondary educational institutions," approved by the order of the Minister of Preschool and School Education No. 565 dated December 20, 2023.
However, this document does not establish any rule on assigning each of the graduates to the school's teaching staff, and if the graduate does not submit a document for studying in higher education or even if he does not submit a document, the teachers are responsible for this.
In this case, a case is initiated against the head of the preschool and school education department for involvement in work not specified in the employment contract, not within the scope of his official duties, contrary to Article 115 of the Labor Code (Normal length of working time).
Therefore, an administrative fine may be imposed on the head of the MMTB under part 1 of Article 49 of the Code of Administrative Responsibility (violation of labor and labor protection legislation by an official). Bunda jarima miqdori bazaviy hisoblash miqdorining 5 baravaridan 10 baravarigacha etib ko'rsatilgan.
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