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Another citizen was reinstated to work, and the employer was obliged to recover wages and moral damage for forced absenteeism - Ombudsman
A mother who lost her breadwinner and has 2 minor children applied to the regional representative of the Authorized Person of the Oliy Majlis for Human Rights (Ombudsman) in the Tashkent region, Rustam Kamalov, with a request to be reinstated.

According to the applicant M.D., on June 6, 2022, she was hired by the department for women's affairs in the city of Nurafshan, Tashkent region. However, there is no employment contract with the employer. A copy of the employment order was also not provided.

Citizen M.D., despite the fact that the necessary conditions were not created for him, fulfilled his duties. But after 3 months, he was fired from his job for not passing the probationary period due to distance learning and illness. This did not take into account the fact that this citizen does not have a breadwinner and has minor children.

For your information, in accordance with Article 84 of the Labor Code, a preliminary test must be stipulated in the employment contract. In the absence of such a condition, the employee is considered to be hired without a probationary period.

Citizen M.D. filed a lawsuit with the Urta-Chirchik Interdistrict Court for Civil Cases to recognize the resolution and order of the Khokimiyat of the city of Nurafshon on dismissal as illegal and to recover moral damages. However, by a court decision of December 14, 2022, the claim was denied.

When the complainant came to the office of the regional representative of the Ombudsman for Human Rights in the Tashkent region, she was given detailed legal advice on labor legislation and explained that she should file a complaint on appeal and what aspects should be taken into account. Also, the regional representative of the Ombudsman fully participated in court hearings as an observer and provided legal assistance in filing an additional claim with the court.

According to the decision of the Judicial Collegium for Civil Cases of the Tashkent Regional Court dated March 29, 2023, the documents on the dismissal of citizen M.D. declared illegal and she was reinstated.

In addition, it was decided to recover more than 22,635,000 soums of wages and 3.5 million soums of moral damages in favor of the plaintiff M.D. from the defendant Nurafshan city khokimiyat of the Tashkent region.

Press Service of the Authorized Person of the Oliy Majlis for Human Rights (Ombudsman)