RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF UZBEKISTAN

of June 17, 1997

On the case of check of constitutionality of paragraph two of general part "Recommendations about execution of an employment agreement (contract) in writing", approved by the resolution of the Cabinet of Ministers of March 11, 1997 No. 133

Constitutional court as a part of the Chairman B. Eshonov, judges O. Ernazarov, G. Abdumazhidov, G. Pirzhanov,

with the assistance of L. Kruttsova representing the interests of the Cabinet of Ministers, the expert associate professor M. Gasanov

being guided by Item 1 of article 109 of the Constitution of the Republic of Uzbekistan and article 1 of the Law "About the Constitutional Court of the Republic of Uzbekistan",

considered on proceeding in open court case on check of constitutionality of paragraph two of general part "Recommendations about execution of an employment agreement (contract) in writing", N133 approved by the resolution of the Cabinet of Ministers of March 11, 1997.

Having heard the message of the judge-speaker O. Ernazarov, having studied case papers, the Constitutional court established:

N133 "About Approval of the Regulations Necessary for Implementation of the Labor Code of the Republic of Uzbekistan" are approved by the resolution of the Cabinet of Ministers of March 11, 1997 "Recommendations about execution of an employment agreement (contract) in writing".

It is provided in "Recommendations" that the written employment contract (contract) is signed as with the permanent employees (accepted sine die), and with those who go to work on the terminal employment contract. The terminal employment contract according to "Recommendations" the employment contract signed for certain term no more than five years and also the contract with temporary and seasonal employees is recognized.

Having listened to the representative of the Cabinet of Ministers, the expert opinion, having analyzed regulations of the Constitution, the Labor code, the Constitutional court came to conclusion that the regulation of the Cabinet of Ministers limits labor rights of workers.

The first. According to article 15 of the Constitution unconditional rule of the Constitution and the laws of the Republic of Uzbekistan is recognized the Republic of Uzbekistan. Proceeding from it, any regulatory legal act shall not contradict regulations and the principles of the Constitution.

The second. Article 75 of the Labor code provides the conclusion of employment contracts sine die, for certain term no more than five years and for the period of accomplishment of certain work.

The labor code unlike earlier existing Labor code does not provide the conclusion of employment contracts with temporary and seasonal employees. Therefore the regulations of the former Union providing a number of withdrawals from general provisions of the labor law what significantly limited labor rights of temporary and seasonal employees shall not be applied in the territory of the Republic of Uzbekistan since April 1, 1996, i.e. from the date of enforcement of the Labor code.

The labor code does not exclude possibility of reception of citizens for the work having temporary or seasonal character at all. All general regulations and guarantees provided for persons which signed the terminal employment contract extend to these workers.

Third. Regulations of the government shall not contradict the Constitution and the laws. However the Cabinet of Ministers in this case went beyond the competence and accepted the specified "Recommendations" in defiance of article 20 of the Law "About the Cabinet of Ministers of the Republic of Uzbekistan".

Based on stated and being guided by Articles 19, of 25, 26 and 27 Laws "About the Constitutional Court of the Republic of Uzbekistan", the Constitutional court decided:

1. Recognize not corresponding to the Constitution of the Republic of Uzbekistan paragraph two of general part "Recommendations about execution of an employment agreement (contract) in writing", N133 "About the Conclusion of Employment Contracts with Temporary and Seasonal Employees" approved by the resolution of the Cabinet of Ministers of March 11, 1997.

2. Publish this resolution in mass media.

3. The resolution becomes effective from the moment of publication, is final, is not subject to appeal.

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