Issues of termination of an employment contract due to the admission of another employee who is not a part-time employee, as well as due to limitations of part-time work

Abstract

A clear definition of the procedure and principles of termination of an employment contract is, on the one hand, a means of legal protection against the unjustified termination of an employment relationship, on the other hand, it is a mechanism that ensures the implementation of the constitutional norms that labor is not an obligation, but a right. In this article, the author tries to reveal, on the basis of the analysis of national legislation and scientific literature, the specifics of the termination of the employment contract in respect of the violations of law during recruitment of another employee who does not work on a substitution of workers (part-time) basis in the practice of terminating an employment contract at the initiative of the employer, as well as due to the limitations of substitution of workers (part-time work) according to the working conditions. In particular, the author focused on the issues the Labor Code of the Republic of Uzbekistan does not fully reflect the legal concept and regime of substitution of workers (on the basis of employment contract) as well as the specifics of the work of employees working on substitution of workers (part-time) basis. In addition, paragraph 5 of the second part of Article 100 of the Labor Code does not establish the notice period for termination of the employment contract with the employees working on substitution of workers (part-time) basis. Therefore, the author makes proposals to improve the legislation.