Lessons 21 · 1 lessons · V. A. Kostetskiy. Foundations of state and law, Grade 10, 1st edition. Yangiyo‘l Poligraf Servis, Tashkent, 2017
21
Hiring an employee
Textbook: pp. 104–107
GoalExplain the types and content of an employment contract, the probation period and the restrictions and guarantees in hiring.
New words
open-ended contract · muddatsiz shartnomafixed-term contract · muddatli shartnomaprobation period · sinov muddatiposition (job title) · lavozim
Explanation
An employment contract is made in writing, in two copies: one stays with the employee and one with the employer. It states the parties, workplace, position or profession, start date, pay, working time and working conditions. The contract may be open-ended or fixed-term; a fixed-term contract is made because of the nature of the work or by agreement and ends when the term ends. A probation period may be set at hiring: the employee’s fitness for the work is tested. Probation may not exceed three months and is not set at all for certain groups, for example persons under 18. Unjustified refusal to hire and discrimination by sex, nationality, religion, origin or social position are prohibited; only the qualifications and business qualities that the job itself requires are taken into account. After the employer formalises the hiring, the employee counts as started from the hire date. Using someone without a written contract is a breach of the law and makes protecting the employee’s rights harder.
Worked examples
Kamola was hired as a shop assistant in a bookshop on a one-year fixed-term contract. It states the position, pay and working time; after a year the contract ends, and a new agreement is needed to continue.
An employer demanded that a candidate be unmarried. This condition has nothing to do with the job and may be discrimination; requirements must rest only on the real needs of the work.
Class activity
Role-play “Interview”: one student is the employer, another a candidate. The employer asks lawful questions (experience, skills, available time); the class finds which questions are irrelevant to the job and need not be answered.
Practice
1
What is stated in an employment contract?
The parties, workplace, position, start date, pay, working time, working conditions.
2
What is the difference between fixed-term and open-ended contracts?
A fixed-term contract ends at the end of its term; an open-ended one has no end date.
3
What is the aim of probation and how long can it be?
To test the employee’s fitness for the job; it may not exceed three months and is not set for persons under 18.
4
Why is a written contract important for the employee?
It is proof of the agreement and a basis for protecting pay, hours and rights.