8.2.8. EMPLOYMENT PRACTICE APPEAL PROCESS
8.2.8. EMPLOYMENT PRACTICE APPEAL PROCESS
In order to address the employment practice appeal process, there are several mechanisms in place at Tashkent State University of Oriental Studies (TSUOS) depending on the nature of the issue faced by the staff member.
If the issue is related to labor disputes between the employer and the employee, it is regulated under Paragraph 14 of the Collective Agreement – XIV. Settlement of Labor Disputes, which states that:
- The parties to the agreement, recognizing the principles of social partnership, undertake to take measures to prevent any disputes arising in the implementation of the collective agreement. All disagreements shall be resolved based on mutual trust and respect, and in accordance with the legislation of the Republic of Uzbekistan.
- Individual labor disputes and conflicts shall be reviewed by a Labor Disputes Commission consisting of six members (three representatives from each side — the employer and the trade union committee), established for the duration of this Agreement on an equal basis.
- The Labor Disputes Commission shall conduct its activities in accordance with the laws and the Regulation developed based on the recommendations approved by the Council of the Federation of Trade Unions of Uzbekistan and the Chamber of Commerce and Industry of the Republic of Uzbekistan (dated January 12, 2015, No. 20-66c; January 15, 2015, No. 01-SP), and agreed upon with the Ministry of Employment and Labor Relations.
In addition, there is a Procedure for Evaluating the Activities of Management Personnel and Employees of TSUOS, as well as Professors and Teachers, which assesses the effectiveness of their work based on established performance indicators (KPI system).
If a staff member wishes to appeal the final results of their performance evaluation under the KPI system, they may submit a written appeal to the Human Resources Department within 24 hours after the results are announced. The next stages of the appeal process are outlined in Chapter 4 of the Procedure, as follows:
- If the employee is dissatisfied with the conclusion of the Commission, they may submit a written appeal to the Human Resources Department within 24 hours from the date the performance evaluation results are announced.
- By the order of the Rector, an Appeals Commission shall be established to review the quantitative and qualitative indicators.
- The meeting of the Appeals Commission shall be considered valid if at least two-thirds of its members are present. The decisions of the Appeals Commission shall be adopted through an open vote. During the meetings of the Appeals Commission, it is permitted to use special technical means (audio and video recordings, as well as photographs).
- The results of the voting are determined by a majority of votes of the Appeals Commission members. In the event of a tie, the vote of the Chairperson of the Appeals Commission shall be decisive.
- Based on the results of reviewing the appeals submitted by employees regarding evaluation results, the Appeals Commission shall adopt one of the following decisions:
– to confirm the evaluation results;
– to revise the evaluation results.
- If a decision is made to revise the evaluation results, the Appeals Commission shall adjust the employee’s score according to the level and complexity of the tasks assigned, and this shall be reflected in the minutes of the meeting approved by the Chairperson of the Commission.
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