PROTECTION OF LABOUR RIGHTS OF MINORS: PROBLEMS OF THEORY AND PRACTICE

Аннотация

Despite the regulation of labor rights of minors at the legislative level, in practice we continue to face problems and contradictions arising in the implementation of the right to work by minors. In this article we have identified and identified the most significant problems faced by the subjects of law in the implementation of labor activity. In this article, the ways of solving these problems are proposed. Key words: minors, labour rights, age, protection of rights, employment contract. Аннотация: Несмотря на урегулирование трудовых прав несовершеннолетних на законодательном уровне, на практике мы продолжаем сталкиваться с проблемами и противоречиями, возникающими при реализации права на труд несовершеннолетними. В настоящей статье мы выделили и определили наиболее значимые проблемы, с которыми сталкиваются рассматриваемые субъекты права при осуществлении трудовой деятельности. В настоящей статье предложены пути решения обозначенных проблем. Ключевые слова: несовершеннолетние, трудовые права, возраст, защита прав, трудовой договор. Annotatsiya: Voyaga yetmaganlarning mehnat huquqlari qonunchilik darajasida hal qilinishiga qaramay, amalda biz voyaga yetmaganlarning mehnat huquqini amalga oshirishda yuzaga keladigan muammolar va qarama-qarshiliklarga duch kelishda davom etamiz. Ushbu maqolada biz ko’rib chiqilayotgan huquq sub’ektlari mehnat faoliyatini amalga oshirishda duch keladigan eng muhim muammolar aniqlanib, ko’rib chiqilgan. Ushbu maqolada ko’rsatilgan muammolarni hal qilish usullari taklif etilgan. Kalit so’zlar: voyaga yetmaganlar, mehnat huquqlari, yoshi, huquqlarni himoya qilish, mehnat shartnomasi. For many minors, work is an opportunity for self–affirmation, an opportunity to feel the first independence, to acquire pocket money for their own expenses. A lot of schoolchildren are enthusiastically looking for an opportunity to earn their own money during the holidays. Who knows, the number of minors who are engaged in films and television is now increasing, and they are engaged in other types of creative activities. Despite the ongoing process of decentralization of labor law for more than a quarter of a century, it is obvious that the main responsibility to protect The labor rights of minors are borne by the State. This does not contradict international legal standards of labor rights, since their observance and protection is the duty of the State. Our country has ratified the conventions of the International Labour Organization, which directly regulate the working conditions of children and adolescents, as well as two ILO conventions prohibiting forced labor. At the same time, the problem of juvenile labor in our country is often ignored, misjudged and, as a result, not solved. 17 State policy is aimed at protecting children and combating the exploitation of child labor, yes, since a minor is a subject of law who needs special protection. That is why domestic legislation pays close attention to the protection of the labor rights of minors. 1. One of the important problems that one has to face is the implementation of work duties by a minor without concluding an employment contract. Due to the requirements provided for by law, employers simply do not want to enter into an employment contract with minors, thereby burdening themselves with additional responsibilities and expenses. We see the solution to this problem in the following: 1. Establishment of job quotas for minors. The Labor Code of the Republic of Uzbekistan does not contain provisions on granting minors a quota for employment. This prerogative applies to local government authorities. In order to provide minors with jobs by providing quotas, it is necessary either to make appropriate changes to the Law of the Republic of Uzbekistan “On Employment of the population”. 2. The establishment of preferential tax regimes for employers to encourage The latter are used to attract children to engage in legitimate work; 3. Creation of special labor groups for children at the municipal level, whose activities will be aimed at attracting minors to socially useful work during the holidays. Schoolchildren work in these groups under an employment contract, who also benefit the city, because they carry out landscaping of streets, minor repairs of playgrounds and so on. 2. The next problem is the representation of a minor when changing an employment contract. The labor legislation prescribes whose consent must be obtained at the conclusion (of one of the parents and the guardianship authority of Article 118 of the Labor Code of the Republic of Uzbekistan), termination of the employment contract (Article 269 of the Labor Code of the Russian Federation), however, when making changes to the terms of the employment contract , nothing is said in the legislation, which means that in this case general provisions provided for in the revised Article 72 of the Labor Code of the Russian Federation. In our opinion, to ensure the protection of the labor rights of