Even with a reduction in staff, some categories of employees cannot be dismissed

It is known that by order of the Ministry of Preschool and School Education No. 288 dated August 30, 2024, the positions of psychologists, librarians and laboratory assistants in general education institutions are being reduced.

However, many do not have complete information about what benefits and guarantees are provided in labor legislation for employees who are undergoing shrinkage.

In fact, even if the positions of some categories of employees have been reduced, they cannot be dismissed.

It is prohibited to terminate the employment contract at the initiative of the employer with pregnant women and women with children under 3 years of age. (except for the liquidation of the enterprise)

In the case of staff reduction in general education institutions, the organization is not being liquidated, only the staff is being reduced.

Therefore, it is forbidden to terminate the employment contract with this category of female employees in connection with the reduction of staff according to part 2, paragraph 2 of Article 161 of the Labor Code.

Also, Article 408 of the Labor Code provides guarantees for pregnant women during the termination of the employment contract, and Article 409 provides guarantees for the termination of the employment contract with an employee who has a child under the age of three.

In addition, Article 163 of the Labor Code prohibits termination at the initiative of the employer without complying with the requirements that provide for guarantees for pregnant women and employees with children under three years of age.

Paragraph 22 of the Resolution of the Plenum of the Supreme Court No. 26 of November 20, 2023, states that when resolving disputes on the legality of termination of the employment contract at the initiative of the employer, the courts must take into account the prohibitions established by Article 163 of the Labor Code when terminating the employment contract.

Employees with pregnant women or children under three years of age are reinstated even in the event of their voluntary dismissal by the employer, if the employee files a lawsuit against the employer.

It doesn't matter whether the employee is in childcare leave or at work. That is, the employment contract with this category of employees is not terminated.

Dismissal of employees who are pregnant or have children under three years of age may result in criminal liability.

Because, according to Article 148 of the Criminal Code, the dismissal of a woman knowingly that she is pregnant or caring for a young child is punishable by a fine of up to twenty-five times the base calculation amount or deprivation of certain rights for up to three years or correctional labor for up to three years.

Don't apply for dismissal

In practice, some employers try to obtain an employee's application by various deceptive means or coercion when terminating an employment contract with a shrinking employee. Therefore, if you are in a contraction, don't apply.

Paragraph 21 of the Plenum Resolution of the Supreme Court No. 26 of November 20, 2023, notes that the courts' attention should be drawn to the fact that not only coercion, pressure, or pressure on an employee to write an application, but also actions by the employer to actively encourage him to write an application without the employee's desire to terminate the employment relationship should be assessed as pressure.

It should be recalled that the above rules apply equally to employees working on a part-time basis.

For reference: You can also find more information on the topic in the audio of the voice chat conducted with the participation of an expert in labor law Muhammadamin Karimjonov.