What should the shrinking psychologists, librarians, and lab technicians do now?

Currently, employees may be issued warning letters due to the reduction of positions of psychologists, librarians, and laboratory assistants in general education institutions.

Therefore, in today's article, we will focus in detail on what benefits and guarantees there are in labor legislation for employees who are undergoing shrinkage.

The employer promises that you will continue to write an application for dismissal at your own discretion, and then you will be hired again. Then how will I be paid 2 months' compensation and other funds?

If you write an application and leave at your own request, i.e. under Article 160 of the Labor Code, you will not be paid either monetary compensation corresponding to the duration of the warning period (Article 165 of the Labor Code), dismissal allowance (Article 173 of the Labor Code), or average monthly salary from your previous place of work for 2-3 months after the termination of the employment contract (Article 100 of the Labor Code).

In practice, some unscrupulous employers, when terminating an employment contract with a shrinking or underqualified employee, receive an employee's application by deceiving or insisting that they are thinking about their future career, doing good.

Here, the employer's real goal is not to pay guaranteed payments to the employee. So don't be fooled by the employer's lies and promises! If you fall into a contraction, do not write an application, ask for the termination of the employment contract in accordance with Article 161, Part 2, Clause 2 of the Labor Code.

So, what should the legal dismissal of a downsized employee actually be, what guarantees should be given to dismissed employees?

First of all, the termination of the employment contract according to paragraph 2 of part 2 of Article 161 of the Labor Code should be related to changes in technology, production and labor organization, reducing the volume of work. Only in the presence of these reasons will the court find that a change in the number of employees (staff) or the volume of work has actually occurred.

It should be taken into account that a termination of an employment contract on such grounds may be recognized as justified only if changes in technology, organization of labor and production, reduction in the volume of work, prevent the employee from continuing the performance of the previous work specified in the employment contract for objective reasons.

According to Article 165 of the Labor Code, the employer is obliged to notify the reduction worker in writing (signed) at least 2 months in advance (except for cases where Section 6 of the Labor Code establishes separate warning periods for certain categories of workers, for example, according to Article 494 of the Labor Code, if a seasonal worker falls short, he is notified at least 7 calendar days in advance). The employee is given the right not to go to work for at least 1 day a week to look for another job with a salary for this time.

In case of downtime, the preferential right to retain employment is granted to employees with higher qualifications and productivity and is regulated in accordance with Article 167 of the Labor Code.

Also, according to Article 144 of the Labor Code, the employer is obliged to offer the employee a transfer to another job that corresponds to his specialty and qualification, and in the absence of such a job, another job available to the employer.

Suppose there's no other job in the organization or the employee declined another job. In this case, according to Article 165 of the Labor Code, the employer has the right to replace the warning period with monetary compensation corresponding to its duration. So pay attention to the word "true"! That is, it is the right of the employer to replace the warning period with monetary compensation.

It is not necessary to agree with the employee. Previously, according to Article 102 of the Old Labor Code, an agreement was reached with the employee in this case. Many people are distracted by this requirement of the old code. Therefore, according to Article 165 of the new code, if the employer wants to wait at least 2 months, if he wants, he can cancel the contract by replacing the notice period with a proportional monetary compensation.

Attention! Before the termination of the employment contract, if the collective agreement or collective agreement provides for obtaining the prior consent of the trade union committee to terminate the employment contract at the initiative of the employer, it is also necessary to obtain the consent of the trade union committee in the manner prescribed by Article 164 of the Labor Code.

According to the last part of Article 165 of the Labor Code, periods of temporary incapacity of an employee for work, as well as the time of fulfillment of his state or public obligations (see Article 282 of the Labor Code) are not included in the period of the employee's warning, except for termination of labor relations in connection with the liquidation of the organization (its separate unit).

Also, according to Articles 408-409 of the Code of Civil Procedure, pregnant women, as well as a woman with a child under 3 years old or a father (guardian) raising a child under 3 years old alone, are not subject to reduction.

For example, on October 3, the employee was notified in writing of the termination of the employment contract on December 3. There are no vacancies in the organization. According to Article 164 of the Labor Code, the trade union consent was obtained for the dismissal of the employee who had been reduced (except for cases where the consent of the trade union committee is not required).

At the request of the employer, the warning period was replaced by monetary compensation, and the employment contract with the employee was terminated on October 3.

The employee was paid a monetary compensation and a severance allowance for 1 month (October) in proportion to the period of 2 months (October, November) of warning.

If the employee confirms that he/she has not been employed with a workbook or a copy of an electronic workbook (checking the correctness of the information specified in the copy of the electronic workbook is carried out by entering a unique number of the electronic workbook at the e-mail address my.mehnat.uz or scanning the QR code using a mobile phone), he/she has the right to receive an average monthly salary in December for the 2nd month (November) provided for in part one of Article 100 of the Labor Code.

If this employee is registered as a job seeker in the local labor authority within 30 calendar days after the termination of the employment contract, that is, from October 3 to November 2, and submits a labor authority certificate about this in January, the average monthly salary for the 3rd month (December) will be paid to him in January from his previous place of work.

Attention! Dismissal benefits are paid regardless of whether the employee has found a job or not! Don't confuse dismissal benefits with unemployment benefits (see Articles 51-58 of the Employment Act).

Also, do not confuse the concepts of job seeker and unemployed (see Articles 3 and 44-50 of the Law "On Employment of the Population").

For example, pensioners, persons studying in educational institutions and organizations with separation from production (except those studying in the correspondence form of education) are not recognized as unemployed, that is, they are not paid unemployment benefits. However, they are recognized as a job seeker, and when the employment contract with them is terminated on special grounds, both a severance pension and guarantees under Article 100 of the Labor Code are provided.

We explain it more simply in terms of the conditional sum of money. We will conditionally assume that the average monthly salary of the reduced employee is 3 million.

The 2-month warning period (October, November) was exchanged for monetary compensation, and the contract with you was terminated on October 3. You will be paid a 2-month compensation, that is, 6 million soums. I remind you once again that the replacement of the warning period with paid compensation is carried out at the request of the employer.

You will also be paid a severance allowance under Article 173 of the Labor Code for the first month (October). The amount of severance pay depends on the length of service with this employer (separate exceptions are established by Articles 442, 494, 499, 506, 511, 518 of the Labor Code).

Pay attention to the work experience of this particular employer, not the overall work experience. Let's say you've been working for this employer for 6 years. For employees with a work experience of five to ten years with this employer, the amount of severance allowance cannot be less than 100 percent of the average monthly wage.

If you registered as a job seeker in the local labor authority within 30 calendar days after the termination of the employment contract, that is, from October 3 to November 2, and submitted a certificate of employment in January, you will be paid an average monthly salary of 3 million soums in January from your previous place of work for the 3rd month (December).

Then you will be given a 2-month warning period (for October and November) with monetary compensation of 6 million + 3 million soums for the 1st month (October) + 3 million for the 2nd month (November) + 3 million for the 3rd month (December) (if you registered as a job seeker in the local labor authority within 30 calendar days after the termination of the employment contract), a total of 15 million soums will be paid.

So, if you fly to the false promises of the employer and write an application and release voluntarily, the above guarantees will not be paid to you, that is, you will be deprived of 15 million soums.

Explanation: For clarity, the sum was conditionally taken and explained. The total amount paid varies depending on the average monthly salary of the employee, the length of service with the employer, and the requirements established by Article 100 of the Labor Code.

Therefore, demand the termination of the contract under Paragraph 2 of Part 2 of Article 161 of the Civil Code, do not write an application on your own initiative.

Attention! According to the last part of Article 102 of the Labor Code, the employer is obliged to hire employees with whom the previously concluded employment contract was terminated according to paragraph 2 of part 2 of Article 161 of this Code, provided that within 6 months from the date of termination of the employment contract with the employee, vacant (vacant) jobs have appeared in the organization in the same specialty and qualification previously acquired by the employee.

In other words, if within 6 months from the date of dismissal of the downsized employee, vacant (vacant) jobs have appeared in the organization according to the same specialty and qualification previously acquired by the employee, the employer is obliged to re-recruit the downsized employee.